An ALJ is bound by only the law, regulations, and rulings, not by the interpretations of them contained in the POMS. An ALJ's acceptance of and reliance on POMS as precedential is optional. A questionable ALJ decision cannot be evaluated in terms of POMS guidelines alone.

NOTE: A useful test to apply is to review the decision in terms of the provisions of the law, regulations, and rulings cited as precedents or authority for the ALJ decision, and see whether the findings are justified under them.

The hearing decision should:

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  Address and resolve the issue(s) set out in the Notice of Hearing;

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  Be specific;

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  Eliminate the necessity for the effectuating FO to interpret the decision or infer an effectuating action from the decision; and

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  Not omit any essential aspects of the dispute.

NOTE: If any of these criteria are not met, a request for AC review may be appropriate.

If the folder contains any material which is pertinent to the issue(s) decided by the ALJ, but which is neither mentioned in the body of the decision, nor named in the List of Exhibits, you may assume that it was not considered. The decision should be referred to the AC for review if the evidentiary material not considered casts doubt on the decision.

In the event that a prior determination could be reopened under the rules of administrative finality, reopening is precluded if the hearing decision states specifically that consideration was given to reopening that prior determination, and it was not reopened. If a hearing decision does not clearly state that the ALJ considered and rejected such a reopening and the FO cannot reopen under the criteria in SI 04070.000, the case should be referred to the AC for review, even if the prior application (on which the prior determination was based) is listed as an exhibit.

Send all the material (the memorandum of referral and the original claim file) to: