Action Note

On Page I-2-140 E. cont., add after item 9.

10. In certain cases, as identified in section II. A. of T.I. 5-311, send an OHA Early Development Notification via E-MAIL to the effectuating component(s).

File SSA Program Circular, General Series, No. 02-92-ODM dated May 28, 1992 and entitled “OHA Early Notification Procedure” that has been distributed to all HALLEX users with this T.I.

Background

In response to inquiries from Administrative Law Judges (ALJs) concerning the procedure to follow when there is a question about an Appeals Council remand order, the Office of Hearings and Appeals (OHA), in a memorandum dated July 11, 1988, established the motion for clarification procedure. This procedure required ALJs to send a formal motion for clarification to the Appeals Council. The motion became part of the record and a copy was provided to the claimant and any representative. “Clarification” was not defined; the ALJ was asked only to limit the motion for clarification to the issue(s) needing clarification, and avoid comments on the merits of the individual case or the Appeals Council remand order. OHA suspended the motion for clarification procedure on October 16, 1990, because of workload considerations.

Explanation of Content and Changes

The purpose of this transmittal is to establish a new policy governing when an ALJ may seek clarification of an Appeals Council remand order, and a new procedure to follow when requesting clarification, to replace the suspended motion for clarification procedure. The new procedure limits the circumstances under which an ALJ may seek clarification, describes the procedure to follow when requesting clarification, and sets time limits for actions at each step to ensure the process does not cause unnecessary delays.

Remove

Remove from Chapter I-2-100:

I-2-101 Prehearing Case Analysis and Workup — General, dated October 30, 1990, and I-2-105 cont., dated June 5, 1992 (2 pages); and

I-2-180 B. cont., dated October 30, 1990 (1 page).

Insert

Insert in Chapter I-2-100:

I-2-101 Prehearing Case Analysis and Workup — General, dated October 30, 1990, and I-2-105 cont., dated September 9, 1992 (2 pages); and

I-2-180 B. cont., and I-2-185 B. cont., dated September 9, 1992 (2 pages).

Date: September 9, 1992