state in the request that he or she wishes to withdraw the appeal to file a new disability application.
In addition, explain to the claimant that:
he or she may lose benefits or not qualify for benefits at all; we do not approve all requests to withdraw an appeal;we will process his or her new disability application only after we approve the request to withdraw the appeal; and
the decision on the prior claim will be the final decision, and he or she will not have the right to ask for further review of the decision.
Follow the instructions on withdrawing a request for reconsideration in GN 03102.200B.4., SI 04020.020B.10.e., and SI 04020.020C.4.
NOTE: If the file is in the Disability Determination Services (DDS), notify the DDS to discontinue development of the evidence and return jurisdiction of the case to the FO.
Follow the instructions on withdrawing a request for a hearing in GN 03103.210 and SI 04030.020A.4.
IMPORTANT: Do not accept a new disability application at the same time a claimant submits a withdrawal request. The administrative law judge must approve the withdrawal request by dismissing the request for a hearing before we can process a new application. For more information on dismissals, see SI 04030.020A.5. and SI 04030.020A.6.
Follow the instructions on withdrawing a request for an AC review in GN 03104.100C.6. and SI 04040.020C.5.
Additional withdrawal instructions