Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services
Division IV: Civil Action
Subject: New Court Cases
June 30, 1994
Current through June 1997
I-4-142 EXPEDITED APPEALS PROCESS
Social Security Regulations §§ 404.923 - 404.928 and 416.1423 - 416.1428 and HCFA Regulations §§ 405.718 - 405.718e provide for an expedited appeals process whereby under certain prescribed circumstances, an individual may seek judicial review without completing the administrative review process generally required. These cases deal solely with Constitutional challenges to the Act. When the division receives a new court case involving the expedited appeals process, the clerk must verify that the complaint was filed within 60 days of the date the claimant received the agreement notice (see > I-4-131 A. and B. and > I-4-158 B).
If the complaint is timely, the division clerk must give the file to a court records technician for processing. If the complaint is not timely, the clerk must give the file to an analyst. The analyst must prepare an untimely filed affidavit showing that it is an expedited appeals process case.