I-2-9-7.Referring a Request for Reopening When Administrative Law Judge Does Not Have Jurisdiction to Reopen
Last Update: 7/27/15 (Transmittal I-2-145)
If the administrative law judge (ALJ) does not have jurisdiction to reopen and revise a determination or decision, the ALJ will refer a request to reopen (and any additional evidence) to the component that has jurisdiction to review the issue. This applies even if it appears the time period for reopening has elapsed.
NOTE:
There are limited circumstances when it is more appropriate for the ALJ to treat a request to reopen a final reconsidered determination as a request for an extension of time to file a request for an ALJ hearing. For example, this would be appropriate if the claimant alleges a reason(s) for not appealing the reconsidered determination that falls within the scope of 20 CFR 404.911 and 416.1411.
In electronic cases, hearing office (HO) staff will add the request and additional evidence to the claim(s) file and add a message in eView to notify the component with jurisdiction of the request.
In paper cases, HO staff will forward the request and evidence to the component with jurisdiction of the request via fax or mail. If the Appeals Council has jurisdiction, HO staff will send the information to the branch with jurisdiction. Branch jurisdiction is set forth in Hearings, Appeals and Litigation Law manual I-3-0-7. The mailing address for the Office of Appellate Operations is:
Social Security AdministrationOffice of Appellate Operations
Attn: [Branch]
6401 Security Blvd
Baltimore, MD 21235-6401