GN 03103.240: Routing the decision by the Administrative Law Judge (ALJ) After a Hearing
Effective Dates: 01/18/2012 - Present
- TN 21 (01-12)
- GN 03103.240 Routing the decision by the Administrative Law Judge (ALJ) After a Hearing
- A. Process for routing the decision
- The ALJ sends a copy of the ALJ decision to the claimant, the claimant’s appointed representative, and field office (FO) and places a copy in the folder. The ALJ routes the case as follows:
* If the ALJ affirms the reconsideration determination or dismisses the request for hearing, the ALJ routes the folder to Office of Disability Adjudication and Review (ODAR) in Falls Church to await a possible request for an appeals council (AC) review or a request to vacate the dismissal. If the claimant does not request a review and the AC does not undertake a review on its own motion, ODAR sends the file to the payment center (PC) after the appeal period expires.
- * If the ALJ decision reverses the reconsideration determination, (favorable to claimant), the ALJ sends the folder to the PC for effectuation. In a disability claim disallowed on non-disability factors, if the ALJ renders a favorable decision on the non-disability factors he or she returns the case to the State Disability Determination Service (DDS) for a determination on the disability factors.
* For a partially affirmed and partially reversed reconsideration determination, the ALJ determines whether to send the folder to ODAR in Falls Church or to the PC, depending on the situation. EXAMPLE: If there is a $1,000 overpayment and the ALJ waives recovery of $200 only, the ALJ sends the folder to ODAR in Falls Church.
x← This means that the line was removed and was added – in other words, the "Effective Dates" line at the top of the document has been updated to reflect that the new version is effective as of the date the change was made.