June 8, 2008 by admin

2190. What administrative actions are NOT initial determinations?

The following are examples of administrative actions, but they are not initial determinations:

1. Determination of misuse of payments by a representative payee;

2. Method of recovering an overpayment (e.g., by withholding part of a regular monthly payment, netting against an underpayment, etc.);

   Note: The amount to be withheld is an initial determination. (See §2189 (Y).)

3. Compromise settlement for an overpayment;

4. Representative's fees (i.e., a finding as to the amount an attorney or other representative may charge for representing a claimant before SSA);

5. Eligibility for and the amount of an emergency advance payment;

6. Eligibility for presumptive disability or presumptive blindness payments;

7. Timing and frequency of payment;

8. Termination of eligibility after 12 months in a row of suspension;

9. Finding that a prior determination may not be re-opened or revised under the rules of administrative finality;

10. Finding that the expedited appeals process does not apply;

11. Finding that good cause for extending the appeals period does not exist;

12. Findings based on income estimates for a future period (Any changes of income estimates are handled as redeterminations.);

13. Reduction, suspension, or termination of the federally administered State supplementary payment;

14. Denial of a request to be made a representative payee;

15. Disqualifying or suspending a person from acting as a representative in connection with a proceeding before SSA;

16. Determining whether (and the amount of) travel expenses incurred are reimbursable in connection with a proceeding before SSA;

17. Denying a request to re-adjudicate a claim and apply an Acquiescence Ruling; and

18. Actions to pay, adjust or terminate provisional benefits related to an Expedited Reinstatement (EXR) request.

See §2003.

Last Revised: Jul. 25, 2006