Last Update: 7/22/05 (Transmittal I-2-59)
Occasionally, after a claimant files a request for hearing (RH) and before the Administrative Law Judge (ALJ) holds a hearing, the component that issued the appealed determination may issue a revised favorable determination.
If the revised determination is fully favorable, the notice of the revised determination will give the claimant 30 days from the date of the notice to file a written request that the ALJ proceed with the RH.
When the hearing office (HO) receives notice of such a determination, the HO staff should:
Diary the case for 40 days. This will allow time for the HO to receive a request mailed by the claimant within the 30-day period specified in the notice.
If the HO does not receive a written request (to proceed with the RH) by the end of the 40-day period, the ALJ should presume that the claimant is satisfied with the fully favorable revised determination and dismiss the RH. The ALJ may use DGS to prepare the dismissal.
If the revised determination is partially favorable or unfavorable:
The ALJ should notify all claimants that the hearing will be held unless all claimants agree to dismissal of the RH.
If any claimant does not agree to dismissal of the RH, the ALJ must proceed with the actions necessary to complete the record and issue a decision.
When the ALJ dismisses an RH, the HO staff should send the Order of Dismissal and Form HA-5051 (Transmittal of Hearing Decision or Dismissal) to the address shown in section 2 of Form HA-5051.
If the HO receives a fee petition after another component issued a favorable revised determination and the ALJ dismissed the claimant's request for a hearing, the ALJ will take no action on the fee petition and the HO staff will send the fee petition to the office which is effectuating the award.