I-4-1-42.Expedited Appeals Process (EAP)

Last Update: 9/13/05 (Transmittal I-4-15)

Social Security Regulations 20 CFR §§ 404.923-928 and 416.1423-1428 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 CCPRB receives a new court case involving the expedited appeals process, the staff must verify that the complaint was filed within 60 days of the date the claimant received the agreement notice (see I-4-1-31 A. and B. and I-4-1-58 B.).

If the complaint is timely, the staff must give the file to a CRA to prepare the CAR. If the complaint is not timely, the staff must give the file to a CCPRB analyst. The analyst must prepare an untimely filed declaration showing that it is an expedited appeals process case.