I-4-9-40.Expedited Appeals Process – Constitutional Challenge to Social Security Act
Last Update: 1/12/16 (Transmittal I-4-49)
A. General
Pursuant to 20 CFR 404.923-928 and 416.1423-1428, an individual may seek judicial review without completing the administrative review process under certain circumstances. A party to a determination or decision may submit a written challenge of the Social Security Act (Act) at any point in the administrative review process (i.e., after the party receives a determination or decision at the reconsideration level or higher and before the Appeals Council issues a final action). The party must assert that the only factor preventing a favorable determination or decision is a provision in the Act that is unconstitutional. If there is more than one party to the determination or decision, all parties must agree, in writing, to the expedited appeals process.
The request can be filed at any Social Security Administration (SSA) office or other location noted in 20 CFR 404.925(b) and 416.1425(b) and must be filed within the timeframes set forth in 20 CFR 404.925(a)and 416.1425(a).
If SSA agrees that the only factor preventing a favorable determination or decision is a provision in the Act that the individual challenges as unconstitutional, and the individual meets all requirements to use the expedited appeals process, SSA will issue a written agreement, as explained in 20 CFR 404.926 and 416.1426. The document is not valid unless all parties sign the agreement, and the official date of the agreement is the date the SSA official signs the agreement.
NOTE:
If the requirements for the expedited appeals process are not met, SSA will deny the request and consider it a request for hearing or a request for Appeals Council review (See Program Operations Manual System GN 03107.100C.5.b and SI 0406.010C.5.b and Hearings, Appeals, and Litigation Law (HALLEX) manual I-2-2-25 and I-3-0-65).
B. Expedited Appeals Process Procedures
1. Verify Civil Action Filing Is Timely
The party to a determination or decision may file a civil action in Federal court within 60 days after the date the party receives notice that the written agreement has been signed by the agency (see subsection A above). Otherwise, staff will use the same general processing instructions in HALLEX I-4-1-2 C.
If the civil action is timely filed, Office of Appellate Operations (OAO) staff will give the file to a court legal assistant to prepare the certified administrative record (CAR) using the instructions below and the applicable instructions in HALLEX I-4-2-1.
If the civil action is not timely filed, OAO staff will give the file to a Court Case Preparation and Review Branch analyst to process under HALLEX I-4-3-5.
2. Special CAR Requirements When Expedited Appeals Process Applies
a. Certification
Certification will vary from the usual template depending on the level at which the case was expedited and the contents in the record.
b. Index
The court legal assistant will prepare an index listing all documents associated with the CAR.
NOTE:
If the transmittal letter has the same date as the signed agreement, only one entry is needed on the index for both documents.
c. Procedural and Evidentiary Documents and Exhibits
The court legal assistant will include all procedural and evidentiary documents in the CAR.
For paper files, the court legal assistant will include the application as the first procedural document if the claim(s) is expedited before it reaches the hearing level. If a paper claim(s) is expedited at the hearing or Appeals Council levels, the court legal assistant will include the request for hearing or request for review as the first procedural document. The court legal assistant will place the remaining procedural documents, including the request for the expedited appeals process, in the CAR in reverse chronological order.
When the claim(s) did not proceed to the hearing level, the court legal assistant will consult with the branch chief regarding the evidentiary documents to include in the CAR. When the claim(s) did proceed to the hearing level, the court legal assistant will prepare the CAR as they would with a new court case.