Last Update: 4/20/2015 (Transmittal I-2-142)
HA 01240.011 Requesting Jurisdiction
From Appeals Council When Request for Hearing Was Dismissed
Renumbered from HALLEX section I-2-4-11
When the Appeals Council has jurisdiction to review an administrative
law judge (ALJ) dismissal, but the ALJ has new information and would
like to vacate the dismissal order, the ALJ or designated hearing
office (HO) staff may request that the Appeals Council return jurisdiction
to the ALJ. Most commonly, this situation arises when the ALJ dismissed
for failure to appear at the time and place of hearing, and the
ALJ later receives new information that shows another action is more
appropriate.
If the new information came from
the claimant or an appointed representative, the ALJ or HO staff
must ask whether the claimant filed a request for review with the
Appeals Council. If a request for review was filed, the ALJ or HO
staff will follow the procedures below and will not re-activate
a record in the Case Processing and Management System.
To request jurisdiction from the Appeals Council, the ALJ
or HO staff will send an email to ^DCARO OAO with the subject line
“Request to Remand Case.” In
the email, the ALJ or designated HO staff will include:
•
The claimant's Social Security number;
•
A brief explanation that based on new information,
the ALJ is requesting remand in order to hold a hearing (or, if
applicable, issue a more favorable decision);
•
A reference to Hearings, Appeals and Litigation
Law (HALLEX) manual HA 01240.011;
and
•
A reference to the location of the new information
in the claim(s) file (or, if a paper claim(s) file, a copy of the
information attached to the email. If scanning a copy and attaching
the information to the email is not possible, the HO staff will
note this in the email and request instruction on how to send the
information to the Appeals Council).
Using the instructions in HALLEX HA 01370.025, the Appeals Council
will review the request and determine whether remanding the case
on request is appropriate.
When the Appeals Council remands
at the request of an ALJ, the Appeals Council will assign a remand
code that does not count as an “error” against the
ALJ in the “How MI Doing” system. For more information,
see HALLEX HA 01370.025 B.