When an ALJ has held a hearing but has not approved a draft
decision, the HOCALJ or other management ALJ may reassign the case with
concurrence of the HHH, Associate Chief ALJ, or Chief ALJ.
In the Special Review Cadre,
the management Administrative Law Judge may reassign the case
with the concurrence of the Executive Director of Disability
Compliance.
The HOCALJ or other management ALJ will consider reassigning a case
when the decision is delayed and the delay constitutes a detriment to the
public, or is reasonably expected to become delayed due to a prolonged
absence of the ALJ who conducted the hearing. Examples of when a delay
constitutes a detriment to the public include, but are not limited to,
when:
•
The ALJ who has conducted the hearing has a prolonged
absence or is expected to have a prolonged absence, because of death,
retirement, resignation, illness, or other cause, resulting in an absence
of 20 or more consecutive calendar days. A prolonged absence also includes
a situation when the ALJ may log on intermittently for short periods,
but is not on duty for a full workday; or
•
The case has been in post-hearing ALJ controlled status
for more than six times the benchmark for that status.
The HOCALJ or other management ALJ may
also determine that a reassignment and case transfer are appropriate
if the claimant changes residence while the request for hearing is
pending. See HALLEX HA
01230.011.
When the HOCALJ or other management ALJ reassigns a case to
a different ALJ after a hearing has been held, the ALJ to whom the
case is reassigned will review all the evidence of record, including
the audio recording of the hearing (see HALLEX HA 01260.040 for more information about
hearing recordings).
If the reassigned ALJ intends to issue a fully favorable decision
after reviewing the record and audio recording, the ALJ need not conduct
another hearing. However, if the ALJ is unable to issue a fully favorable
decision based on the information before them, or the ALJ requires more
information to make a decision, the ALJ will assess whether another
hearing is necessary. The ALJ may find another hearing is necessary if,
for example, relevant expert evidence is needed but was not obtained at
the hearing, or the ALJ needs additional testimony to fully evaluate a
claimant's allegations of pain and other symptoms.
If the ALJ holds a new hearing, the ALJ will consider all pertinent
documentary evidence admitted into the record at the prior hearing,
the oral testimony at the prior hearing, and the evidence and testimony
adduced at the new hearing when making a decision.