I-2-10-2.Acknowledging a Request for Hearing When Investigative Evidence Is In the Record

Last Update: 6/25/14 (Transmittal I-2-112)

If the file includes a flag or notation showing that the Social Security Administration (SSA) or Disability Determination Services staff made a referral to the Office of the Inspector General (OIG) or a Cooperative Disability Investigations Unit (CDIU), and there is no evidence from OIG in the file, the hearing office (HO) will acknowledge receipt of the request for hearing using the usual procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-0-20. For more information on distinguishing between OIG and CDIU, see HALLEX I-1-3-1.

However, if the file contains evidence from OIG or CDIU, the HO will notify the claimant that this evidence is in the file. The HO will do this by modifying the standard acknowledgement letter as follows:

Your file contains investigative evidence submitted by the [Office of the Inspector General][Cooperative Disability Investigations Unit] of the Social Security Administration. You may see this evidence, as well as the other evidence in your file, if you decide to look at the file.

NOTE 1:

If OIG or CDIU submits investigative evidence to the HO after the acknowledgement letter has been sent, see HALLEX I-2-10-3.

NOTE 2:

If a claim was “redetermined” at a prior administrative level (see HALLEX I-1-3-25), the HO will be provided specific instructions on any necessary changes in the acknowledgment letter.