POMS Reference

DI 20101: DDS Jurisdiction

TN 4 (12-09)

The Office of Disability Adjudication and Review (ODAR) administers the hearing and appeals program for the Social Security Administration (SSA). The Office of the Chief Administrative Law Judge (OCALJ), a component of ODAR, has jurisdiction in cases where the claimant has filed a Request for Hearing by Administrative Law Judge (ALJ), HA-501, or some other writing which meets the criteria for requesting a hearing (GN 03103.020) in which the claimant appeals a determination.

A. Hearings and Appeals

The OCALJ is responsible for management oversight of SSA’s national hearing operation including Federal ALJs, the Chief Judge’s Office, regional offices led by Regional Chief Judges, and hearing offices located throughout the United States.

In hearing (or satellite) offices ALJs:

  • Conduct hearings; and

  • Make decisions on (or dismiss) requests for hearings.

B. Informal remands to Disability Determination Services (DDS)

When warranted, requests for hearing cases may be routed directly to the DDS from the field office or remanded from the hearing office to the DDS for a possible fully favorable revised determination. Although cases may be informally remanded to the reconsideration or initial determination levels, ODAR retains jurisdiction over the case until a fully favorable determination is issued and the request for hearing is dismissed by ODAR, or the case is returned to a hearing office because a fully favorable determination cannot be made.

C. Office of Appellate Operations (OAO)

The Office of Appellate Operations (OAO) is responsible for handling requests for review of hearing decisions and dismissals. The Appeals Council (AC), which is within OAO:

  • Processes requests for review of hearing decisions and dismissals;

  • May review hearing decisions and dismissals on its own motion; and

  • Acts as the final level of administrative review for the Social Security Administration.

The AC consists of Administrative Appeals Judges and Appeals Offices.

REFERENCES:

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