Last Update: 4/20/2015 (Transmittal I-3-107)

HA 01310.003 Hearing Office Re-Activates Case Before Request for Review Processed

Renumbered from HALLEX section I-3-1-3

In some cases, the claimant may request review from the Appeals Council (AC), but the hearing office re-activates the hearing level case before AC staff establishes the request for review in the case processing system. This situation usually occurs when an administrative law judge (ALJ) wants to amend his or her prior action in favor of the claimant and the ALJ is unaware of the request for review.

Even though a hearing level case has already been re-activated in the hearing level system, the AC must respond to the request for review. However, because a hearing level case has been re-activated, establishing a case in the case processing system would require the AC to convert an electronic claim(s) file to a paper claim(s) file. To avoid this, AC staff will not establish a case in the case processing system when responding to the request for review. Rather, AC staff will prepare correspondence that gives notice to the claimant and appointed representative (if any) that the AC is not acting on the request for review. The letter will explain the particular circumstances involved in the case and clearly state that the AC is not acting on the request for review because the ALJ is reconsidering his or her prior action. AC staff will ensure that a copy of the request for review and the AC's correspondence are associated with the claim(s) file.