20 C.F.R. § 416.1426

Agreement in expedited appeals process

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If you meet all the requirements necessary for the use of the expedited appeals process, our authorized representative shall prepare an agreement. The agreement must be signed by you, by every other party to the determination or decision, and by our authorized representative. The agreement must provide that—

(a) The facts in your claim are not in dispute;

(b) The sole issue in dispute is whether a provision of the Act that applies to your case is unconstitutional;

(c) Except for your belief that a provision of the Act is unconstitutional, you agree with our interpretation of the law;

(d) If the provision of the Act that you believe is unconstitutional were not applied to your case, your claim would be allowed; and

(e) Our determination or the decision is final for the purpose of seeking judicial review.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Johnson v. Comm'r of Soc. Sec. (D. Conn. 2019).

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Johnson v. Comm'r of Soc. Sec. (D. Conn. 2019). “at 618 ; see also 20 C.F.R. § 416.1426 (waiving further administrative review by agreement where, among other conditions, “the sole issue in dispute is whether a provision of the Act that applies to your case is unconstitutional”).”

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