For title II claim(s) only, where a decision contains a
typographical or clerical error affecting the outcome of the claim, the
effectuating component may first try to obtain an amended decision from
the ALJ rather than first contacting the AC. The following are examples
of typographical or clerical errors:
•
The wrong year is shown for the established
onset date that is inconsistent with other findings in the
decision;
•
An incorrect application date is shown;
or
•
A mathematical error, misapplication of benefit tables,
etc., results in an incorrect payment of a monthly benefit or an incorrect
lump-sum death payment.
If the effectuating component tries
to resolve the issue with the hearing office (HO), it will not also
contact the AC. Contact with the AC is only appropriate after it has
been determined that the HO cannot resolve the issue.
If the effectuating component staff requests an amended decision
from the HO, effectuating component staff will contact the Hearing Office
Director (HOD) or National Hearing Center Administrative Officer (NHCAO)
directly, rather than the ALJ, and advise the HOD or NHCAO whether a
title XVI decision is involved. The HOD or NHCAO will then advise the
ALJ of the error and request an amended decision. If an amended decision
is not issued within 15 days, effectuating component staff will contact
the HOD or NHCAO for a status update. If the ALJ is opposed to issuing
an amended decision, the effectuating component will prepare a protest
memorandum following the format in POMS (see DI 42010.080) to submit to the AC
(see subsection B).
If a title XVI claim is involved, see generally POMS SI 04030.060.