You may use the expedited appeals process if all of the following requirements are met:
We have made an initial and a reconsidered determination; an administrative law judge has made a hearing decision; or Appeals Council review has been requested, but a final decision has not been issued.
You are a party to the reconsidered determination or the hearing decision.
You have submitted a written request for the expedited appeals process.
You have claimed, and we agree, that the only factor preventing a favorable determination or decision is a provision in the law that you believe is unconstitutional.
If you are not the only party, all parties to the determination or decision agree to request the expedited appeals process.