Last Update: 3/10/2016 (Transmittal I-2-167)
Renumbered from HALLEX section I-2-8-1
Under sections 205(b)(1) and 1631(c)(1) of
the Social Security Act (Act), the Commissioner of Social Security
will make findings of fact and decisions as to the rights of any
individual applying for benefits under titles II and XVI of the
Act.
Generally, upon completion of all needed hearing proceedings,
an administrative law judge (ALJ) will complete action on a request
for hearing (RH) or a remand order by issuing a written decision.
See 20 CFR
404.953 and 416.1453.
However, an ALJ will not issue a written decision when:
•
Dismissal of the RH
is more appropriate (see Hearings, Appeals and Litigation Law (HALLEX)
manual HA 01240.005);
or
•
The ALJ is issuing a recommended decision (see HALLEX HA 01280.015).
The primary purpose of an ALJ decision is to dispose of relevant
issues, including:
•
Issues decided unfavorably
at a prior level of adjudication;
•
Additional issues properly raised by the claimant,
appointed representative, or the ALJ in connection with the RH;
or
•
In remanded cases, any issue(s) the Appeals Council
or a court directed the ALJ to address.
The ALJ must base the findings of fact and the ultimate decision
on evidence received at the hearing or otherwise included in the
record. The ALJ will ensure that the decision is:
•
Accurate and legally
sufficient;
•
Written so the claimant can understand it; and
•
Issued as soon as possible after the record is complete.
For detailed information about writing an ALJ decision, see
HALLEX HA 01280.025.
For information about the effect of and finality of an ALJ decision,
see 20 CFR
404.955 and 416.1455,
as well as HALLEX HA 01280.005.
For decision signature requirements, see HALLEX HA 01280.043.
The ALJ will mail a copy of the decision to all parties to
the hearing and the appointed representative, if any, at the last
known address. See 20
CFR 404.953 and 416.1453.
If the record includes evidence that
is potentially detrimental to a claimant's health, see HALLEX HA 01280.035.