If the conditions in subsection B above are met, an ALJ can refer
a case through the ACFI. To refer a case, the ALJ will:
•
Prepare an e-mail with the subject line “ACFI
submission,” and include in the body of the email the claimant's
name, Social Security Number, and a brief statement identifying the
problem with the remand order; and
•
Send the email to a designated mailbox in the regional
office (RO).
The designated RO mailboxes are:
•
Northeast: ^DCDA OHO NE
Programs
•
Southeast: ^DCDA OHO SE
Programs
•
Mid-West/West: ^DCDA OHO MWW
Programs
•
Southwest: ^DCDA OHO SW
Programs
On receipt, RO personnel will evaluate the referral and
decide whether to forward the referral for further consideration
to the Division of Program Support (DPS) in the Office of the Chief
Administrative Law Judge (OCALJ). When a referral is appropriate, RO
personnel will send the referral to OCALJ at |||DCDA OHO HQ OCALJ
DPS. The RO will advise the ALJ either that the referral was
forwarded to OCALJ or will provide the reason that it did not forward
the referral.
OCALJ will evaluate the referral and decide whether to forward the
referral to the AC for review. If OCALJ forwards the referral to the AC,
it will advise the RO and referring ALJ via email. If OCALJ decides not
to forward the referral, it will advise the RO and the HOCALJ via email
of the reason the referral was not sent to the AC.
When evaluating the referral, either the
RO or OCALJ may determine that the referral is more appropriate for the
request for clarification process. In those cases, the RO or OCALJ will
reroute the referral using the procedures in HALLEX HA 01210.086.
The AC will evaluate the issue and take any necessary action
to provide feedback to the appropriate individuals in the Office of
Appellate Operations. In some cases, the AC may use the referrals to
make recommendations regarding policies or procedures, or to recommend
additional training.