I-2-4-55.Dismissal Returned As Undeliverable

1. Locating a New Address

When the post office returns a claimant's notice of dismissal and order of dismissal to the hearing office as “undeliverable” (e.g., the claimant moved and left no forwarding address), the lead case technician, senior case technician, case technician, or other designated person will:

• Check for a new address in both the Case Processing and Management System (CPMS) and Personal Communications (PCOM) system queries, including the Modernized Development Worksheet (MDW) for either title, the Full Master Beneficiary Record (FACT) for title II cases, the Supplemental Security Income Display (SSID) for title XVI cases, the Customer Service Record (CSR) for either title, and the Prisoner Update Processing System (PUPS) for either title;

• Determine whether any newly submitted correspondence or evidence, including newly submitted medical evidence, contains a new address for the claimant;

• Telephone the claimant's representative, if any, or the claimant if unrepresented, requesting a new address; and

• Telephone or send a brief memorandum to the field office servicing the claimant's last known address requesting a new address for the claimant.

2. Updated Address Located

If the hearing office (HO) staff successfully obtains an updated address, staff will:

• Prepare a new notice of dismissal with the updated address, using the date the new dismissal is issued. In the notice, staff will include language that informs the claimant the dismissal was previously undeliverable and that the time period for appeal begins with receipt of the new notice;

• Obtain the administrative law judge's (ALJ) signature; and

• Transmit the new notice of dismissal and order of dismissal following the usual procedures outlined in Hearings, Appeals and Litigation Law manual I-2-4-5.

3. Updated Address Not Located

If all attempts to obtain the claimant's new address are unsuccessful, HO staff will take the following actions:

• For an electronic claim(s) file, document all attempts to obtain a new address on a Form SSA-5002, Report of Contact, and associate the form and any related documents (e.g., copies of correspondence and other reports of telephone contacts) with the claim(s) file. Additionally, staff will associate a copy of the undelivered envelope with the claim(s) file.

• For a paper claim(s) file, document all attempts to obtain a new address on an SSA-5002. If the file is still in the hearing office, staff will associate the SSA-5002, any related documents (e.g., copies of correspondence and other reports of telephone contacts), and the original undelivered envelope, notice of dismissal, and order of dismissal with the claim(s) file. If the claim(s) file is no longer in the office, staff will forward the SSA-5002, any related documents, and the original, undelivered envelope, notice of dismissal and order of dismissal to the appropriate location for association with the claim(s) file.

It is important that HO staff documents all attempts to obtain a new address. If the claimant appeals the action taken by the ALJ or later inquires about the case, the information may be needed to determine the appropriate course of action.