I-2-5-77.Obtaining a Duplicate Audio Recording or Transcript of a Hearing

Last Update: 9/28/05 (Transmittal I-2-68)

A. Claimant or Representative Requests a Duplicate Audio Recording or Transcript of a Hearing

1. Request for Duplicate Audio Recording - Originals in the HO

If a claimant or representative requests a duplicate audio recording of a hearing, and the original audio recording is in the HO, duplicate the original audio recording and provide the duplicate to the requester.

NOTE:

If the HO sees a substantial increase in audio recording duplication requests and the HO cannot comply with the requests without creating delays in processing other workloads, inform the requester that providing an audio recording could delay issuing the hearing decision. Also inform the requester that he or she may request a copy of the audio recording from the Office of Appellate Operations (OAO) after the ALJ issues the decision.

2. Request for Transcript-Original Audio Recording Is in the HO

If a claimant or representative requests a transcript of a hearing, and the original audio recording is in the HO, inform the requestor that the HO does not routinely prepare transcripts (or have them prepared); the HO generally prepares a transcript only if the ALJ needs a transcript in order to issue a decision or dismissal. However, a duplicate audio recording can be provided at no charge.

  1. If the requestor will accept a duplicate audio recording duplicate the original audio recording and provide the duplicate to the requestor at no charge.

  2. If the requestor wants a transcript after the ALJ issues a decision or dismissal, but before he or she has decided whether or not to file a request for review, he or she should send a written request to:

    Office of Appellate Operations (OAO)
    Attn: Director of Operations
    Suite 1400
    5107 Leesburg Pike
    Falls Church, Virginia 22041-3255

    If the requestor wants a transcript in connection with a request for review, he or she should include the request for a transcript with the request for review and send both to:

    Appeals Council
    Office of Hearings and Appeals, SSA
    5107 Leesburg Pike
    Falls Church, Virginia 22041-3255

    OAO will inform the requestor of the cost of the transcript and how to send payment. (See I-3-0-84, OAO Branch Screening for Requested Extensions of Time or For Copies of Material.)

3. Request for Duplicate Audio Recording or Transcript-Original Audio Recording Is Not in the HO

  1. Request is for Program Purposes

    If a claimant or representative requests a duplicate audio recording or transcript of a hearing for program purposes (i.e., for use in pursuing the claimant's Social Security claim), and the original audio recording is not in the HO:

    • If the request is in writing, acknowledge the request in writing, and send the request with a copy of the written acknowledgement to OAO at the address in A.2.b. above; or

    • If the request is oral, prepare a Memorandum for the File to document the request, and send the memorandum to OAO at the address in A.2.b. above.

  2. Request is Not for Program Purposes

    If a claimant or representative requests a duplicate audio recording or transcript of a hearing, the request is not for program purposes (i.e., not for use in pursuing the claimant's Social Security claim), and the original audio recording of the hearing is not in the HO:

    • If the request is in writing, acknowledge the request in writing, and send the request with a copy of the written acknowledgement to:

      Social Security Administration
      Office of Hearings and Appeals
      Office of Policy Planning and Evaluation, FOIA/PA Staff
      5107 Leesburg Pike, Suite 1608
      Falls Church, Virginia 22041-3200
    • If the request is oral, prepare a Memorandum for the File to document the request, and send the memorandum to the FOIA/PA Staff at the above address.

B. Third Party Requests a Transcript or Duplicate Audio Recording of a Hearing

If a third party requests a transcript or duplicate audio recording of a hearing for any reason, the following procedures apply:

  1. If the request is in writing, acknowledge the request in writing and forward the request with a copy of the written acknowledgement to the FOIA/PA Staff at the address in A.3.b. above. If the original audio recording is in the HO, prepare a duplicate recording, send the duplicate to the FOIA/PA Staff with the request and copy of the written acknowledgement, and retain the original recording in the HO.

  2. If the request is oral, prepare a Memorandum for the File to document the request, and send the memorandum to the FOIA/PA Staff at the address in A.3.b. above. If the original audio recording is in the HO, prepare a duplicate recording, send the duplicate to the FOIA/ PA Staff with the Memorandum for the File, and retain the original recording in the HO.