To obtain HO management approval to request clarification of an AC remand order, the ALJ or designated HO staff must request, in writing via email, concurrence from the Regional Chief Administrative Law Judge (RCALJ) that a clarification request is appropriate (i.e., meets the criteria for clarification) and include “Formal AC clarification request” in the email subject line. The ALJ must request concurrence as soon as possible after receiving the AC remand order and the claim file(s). The ALJ or designated HO staff will use the following dedicated mailboxes for each region to request concurrence from the RCALJ:

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  Northeast: ^DCDA OHO NE Programs

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  Southeast: ^DCDA OHO SE Programs

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  Mid-West/West: ^DCDA OHO MWW Programs

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  Southwest: ^DCDA OHO SW Programs

If the RCALJ does not agree that the request meets the criteria for clarification, the RCALJ will inform the ALJ of the decision in writing (via email) as soon as possible so the ALJ can proceed with the hearing. If the RCALJ approves the clarification request, the RCALJ, or staff designated by the RCALJ, will request approval, in writing, from the Chief Administrative Law Judge (CALJ) or designee as soon as possible. The RCALJ will submit the request to the Director of the Division of Program Support (DPS) in the Office of the Chief Administrative Law Judge (OCALJ) in writing via email at|||DCDA OHO HQ OCALJ DPS, and DPS will make a recommendation to the CALJ or designee.

The CALJ or designee will approve or disapprove the clarification request and OCALJ will inform the RCALJ or designee of the decision in writing via email as soon as possible. After OCALJ informs the RCALJ or designee of the decision, the RCALJ or designee will inform the ALJ of the decision in writing by email.

If the ALJ receives approval from the CALJ or designee, the ALJ or designated HO staff will:

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  Notify the claimant and representative, if any, of the clarification request through written correspondence using the Document Generation System (DGS) or Hearing and Case Processing System (HACPS) letter template, as appropriate, stating:

  “Pursuant to HALLEX HA 01210.086, we are writing to inform you that the Administrative Law Judge has submitted a formal request for clarification of the Remand Order issued by the Appeals Council on [DATE].

  Pursuant to HALLEX HA 01390.095, if the Appeals Council determines clarification is appropriate, the Appeals Council will mail you a copy of the order vacating its prior remand order. If the Appeals Council denies the request for clarification, the Appeals Council will send you a copy of the memorandum denying the request for clarification.”

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  Place a copy of the written correspondence in the B section of the paper claim(s) file or upload the notification to the B section of the electronic claim(s) file before sending the request to the AC. If the claim(s) file does not include this notification, the AC will usually deny the request for clarification.

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  Prepare a written request to the AC that includes the claimant's full name, Social Security number (SSN), and the following statement at the beginning of the clarification request, “The Chief Administrative Law Judge has approved this request for clarification of an Appeals Council remand order.”

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  Send the approved clarification request to the AC via email at ^DCDA OAO, with the subject line “Formal Request for Clarification – [claimant's last name]”. The sender will not include the claimant's SSN in the subject line. The email must include any prior emails from the RO staff, RCALJ, and OCALJ.

The AC will respond to the ALJ or HO in writing as soon as possible. The AC may respond via email to the ALJ, RCALJ, and OCALJ. However, the AC will send paper copies of the response via regular mail to the claimant and representative, if any.

If the HO has not received a response to the clarification request within 30 days, HO staff may send a follow-up email to ^DCDA OAO, with “Second Request” added to the subject line. HO staff will not include the claimant's SSN in the subject line.