RRB cases are not entered in the Appeals Review Processing System. Rather, at this time, the cases are tracked on a manual log maintained by OAO's Executive Director's Office (EDO).

Designated OAO staff will prepare a case file and an appeal file. OAO staff will prepare a case file by putting the material in the following order:

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  The RRB referral memo;

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  The hearing officer's decision;

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  The hearing transcript (if any); and

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  The exhibit material, in the order prepared by the RRB hearing officer.

OAO will prepare an appeal file with a routing slip on the outside, and a copy of the decision and RRB memo on the inside.

Due to its unique function and because there is no impact on the claimant, OAO staff and the Appeals Council will not send any notification to the claimant or an appointed representative.

The Appeals Council is being asked whether it agrees with the decision, not whether it would grant review of the decision. The Appeals Council will use the existing record and the usual SSA 5 step sequential evaluation criteria in formulating its decision.

After evaluating the usual SSA criteria, OAO staff will draft a narrative analysis of the case with a recommendation as to whether the Appeals Council should agree with the hearing officer's decision. The analysis will make specific reference to material in the hearing officer's decision, the exhibit record, and the hearing testimony that explain the reason(s) for the recommendation. When it would be helpful for the Appeals Council in reviewing the case, OAO staff will also prepare a fact sheet.

OAO staff will place the analysis and recommendation in the appeal file.

OAO staff will prepare a memo to the RRB Assistant General Counsel, briefly stating whether the Appeals Council agrees or disagrees with the decision. Generally, a very brief summary noting any pertinent information will suffice.

OAO staff will put the prepared memorandum in the appeal file without attaching the document (i.e., OAO staff will not prong file the document at this point).

As these are paper files, the case file and appeal file must be hand delivered or routed using a route slip to the EDO.

The EDO will assign a designated administrative appeals judge (AAJ) to review the recommendation and sign the memo if he or she agrees. Only one AAJ signature is required in RRB cases.

When the AAJ signs the memo, OAO staff will make a copy of the signed memo and add it to the case file and appeal file. OAO staff will then send the original signed memo to the RRB, and will route the case file to the EDO.

The EDO will retain the case file and the appeal file for two years and, thereafter, will destroy the file.