DI 12010.045: Action Following An Unfavorable Administrative Law Judge (ALJ) Hearing Decision
Effective Dates: 05/01/2017 - Present
- TN 3 (07-10)
- DI 12010.045 Action Following An Unfavorable Administrative Law Judge (ALJ) Hearing Decision
A. Process - Office of Disability Adjudication and Review (ODAR)
- 1. Notice of decision
- When an ALJ issues a Notice of Decision – Unfavorable (HA-L76-OP2) or a Notice of Dismissal (HA-L41), the hearing office (HO) sends the claimant and the representative a copy of the notice, uploads the decision to eView and transfers the case to the appropriate office. If the case is paper, the HO sends the claimant and the representative a copy of the notice and uploads the decision to the Online Retrieval System (ORS).
- 2. Routing of decision
The HO forwards the paper claim folder(s) or transfers the certified electronic folder (CEF) to ODAR headquarters (SSA National Records Center in Independence, MO) for retention.
- If “own motion” jurisdiction is not taken by the Appeals Council (AC) and an appeal is not filed within 180 days after the ALJ decision, the AC staff (SSA National Records Center) release all Title II and Title XVI claims files not requiring action by the field office (FO) or processing center (PC) (all unfavorable ALJ decision cases) to the SSA National Record Center (NRC) in Independence, MO (the Detailed Office/Organization Resource System (DOORS) code = L0E.
- 3. AC assumes jurisdiction
- If the AC on its “own motion” assumes jurisdiction, the AC sends the FO a copy of the notice sent to the claimant. If the case is electronic, the notice will be uploaded to the CEF.
- B. Procedure
- If notice of an unfavorable decision or dismissal is received, associate the nonmedical material retained in the FO with the claim folder(s) and input the decision or dismissal.
- If the claimant files a HA 520-U5 (Request for Review of Hearing Decision/Order), follow DI 12020.001 or DI 81010.150.
- C. Reference
- GN 03104.100 - Requesting Appeals Council (AC) Review.
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