Last Update: 2013-04-12 I-1-64)

HA 01180.010 Employee and Management Accountability Determines an Investigation is Unnecessary

Employee and Management Accountability (EMA) will determine whether further investigation of a complaint alleging administrative law judge (ALJ) conduct is necessary after reviewing the complaint under the procedures described in Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01180.007. If EMA determines further investigation is unnecessary, then EMA will notify the ALJ and closeout the case.

A. Notification to the ALJ

EMA will send an email to the appropriate contact in the Hearings Hub informing them that no investigation is necessary. The Hearings Hub will then notify the ALJ pursuant to Social Security Administration's (SSA) contractual obligations and notify the ALJ's supervisor. See Social Security Ruling (SSR) 13-1p: Titles II and XVI: Agency Processes For Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs). The notification will indicate that:

  • A complaint was filed,

  • A reference to the allegation(s) in the claimant's electronic record,

    NOTE 1: 

    If the record is paper or the allegation(s) is not electronic, the ALJ will be provided a copy of the complaint.

  • The allegation(s) was not substantiated,

  • No further action will be taken and the complaint is closed, and

  • The complaint and outcome will be maintained pursuant to any agency systems of records. See HALLEX HA 01180.007.

    NOTE 2: 

    The ALJ will also be given a Hearings Hub point of contact for additional information, if needed.

Hearings Hub staff will notify EMA in writing that the ALJ received notification of the complaint.

B. Closeout Letter

1. EMA Acknowledged the Complaint Under HALLEX HA 01180.007 A.

EMA will send a letter (“closeout letter”) only to complainant(s) who should receive an acknowledgement letter pursuant to HALLEX HA 01180.007 A.2.b. The closeout letter will indicate that EMA processed the complaint. The closeout letter will also explain that the Privacy Act prevents EMA from disclosing whether or not it took any action against the ALJ who is the subject of the complaint.

EMA will close out the case in the ALJ Public Alleged Misconduct Complaints System database. See HALLEX HA 01180.007.

2. Hearings Hub Acknowledged the Complaint Under HALLEX HA 01180.007 B.

After the Hearings Hub receives notification from EMA that no investigation is necessary, it will send a closeout letter to the complainant(s) who should receive an acknowledgement letter pursuant to HALLEX HA 01180.007 A.2.b. The closeout letter will indicate that the SSA processed the complaint. The letter will also explain that the Privacy Act prevents disclosure as to whether any action was or was not taken against the ALJ who is the subject of the complaint.

The Hearings Hub will notify EMA that the closeout letter was sent. EMA will close out the case in the database. See HALLEX HA 01180.007.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501180010
HA 01180.010 - Division of Quality Service (DQS) Determines an Investigation is Unnecessary (I-1-8-10) - 04/12/2013
Batch run: 06/11/2026
Rev:04/12/2013