Background

As the result of an adopted employee suggestion, we will no longer be required to respond to protest memoranda from any processing center (PC), i.e., all program service centers and the Office of Disability and International Operations, when the Appeals Council takes action pursuant to the protest.

In the course of implementing § 8001 of Pub. L. No. 100-647 (the Technical and Miscellaneous Revenue Act of 1988), the Social Security Administration (SSA) has taken the position that the interim benefits provisions apply to any favorable Administrative Law Judge (ALJ) decision under title II of the Social Security Act (the Act) in which an ALJ has determined that an individual is disabled, or title XVI of the Act in which an ALJ has determined that an individual is disabled or blind, which the Appeals Council reopens pursuant to 20 CFR § 404.987 or 20 CFR § 416.1487, respectively, and the Secretary has not issued a final decision within 110 days after the date of the ALJ's decision. This is because the Appeals Council's action reopening the ALJ's favorable decision deprives that decision of finality.

Explanation of Content and Changes

This transmittal revises sections I-3-140, I-3-654, and I-3-910 D. to reflect that it is not necessary to respond to protest memoranda from any PC when the Appeals Council takes corrective action pursuant to the protest. All PCs continue to require an explanatory memorandum on those cases where the Appeals Council declines to take action following a protest. The analyst will prepare, for the signature of the Administrative Appeals Judge, a response memorandum explaining the basis for the Council's declination.

This transmittal also revises section I-3-655 to reflect that SSA must pay interim benefits when the Appeals Council reopens a favorable ALJ decision pursuant to the rules of administrative finality after the own motion time period expires if current instructions would require the payment of interim benefits if the Council had taken jurisdiction on its own motion.

Remove

Remove from Chapter I-3-100:

I-3-140 B. through I-3-140 E. cont., dated June 30, 1993 (2 pages).

Remove from Chapter I-3-600:

I-3-653 cont. through I-3-655 cont., dated June 30, 1993 (2 pages).

Remove from Chapter I-3-900:

I-3-910 C. cont. through I-3-920 cont., dated June 30, 1993 (2 pages).

Insert

Insert in Chapter I-3-100:

I-3-140 B. through I-3-140 E. cont., dated June 29, 1994 (2 pages).

Insert in Chapter I-3-600:

I-3-653 cont. through I-3-655 E., dated June 29, 1994 (3 pages).

Insert in Chapter I-3-900:

I-3-910 C. cont. through I-3-920 cont., dated June 29, 1994 (2 pages).

Date: June 30, 1994