TN 12 (06-95)
GN 03103.120 Hearing Filed Before Receipt of Reconsideration Determination
Once a hearing is filed, the case is Office of Hearings Operations’ (OHO) jurisdiction and there is no regulatory authority for the FO or PC to take adjudicative action except at the direction of the ALJ; i.e., if ALJ remands case.
However, a written request for appeal may be interpreted as a request for reconsideration, if, in fact, a reconsideration is the next level of appeal that is due, regardless of the form submitted to SSA, unless the claimant insists otherwise.
B. Procedure — FO Action
If a claimant wants to file a request for hearing without filing for a reconsideration or before the reconsideration determination has been completed, explain that reconsideration is the next step in the appeals process and that the hearing will be dismissed (see GN 03103.220 on dismissal).
Assist the claimant in requesting a reconsideration if that is his/ her decision and he/she has not previously filed a reconsideration. (See GN 03102.225.)
If claimant still insists on filing for a hearing, complete an HA-501-U5 and attach to all copies (except the claimant's) an RC containing a brief statement of the explanation given the claimant and indicate why claimant insists on filing for a hearing before having a reconsideration. Follow
GN 03103.080 for processing HA-501-U5.
If FO receives a letter requesting a hearing, contact claimant and explain the above points. Prepare an RC and, if necessary, complete either an SSA-561-U2 (see GN 03102.225) or HA-501-U5 (see GN 03103.020 F.).
C. Procedure — PC Action
When PC is advised a hearing has been filed, the PC immediately prepares the folder for transmittal to the servicing FO per GN 03103.080M.
If PC receives a letter directly from claimant requesting a hearing, contact claimant and explain the points in B. above. PC prepares an RC and, if necessary, completes either an SSA-561-U2 (see GN 03102.225) or HA-501-U5 (see GN 03103.020F.).
Do not take any final related action pending the ALJ action on the hearing request. Upon receipt of notice of the ALJ action, the PC may complete any pending action and/or consider any additional evidence or information submitted.
EXCEPTION: In a dual determination situation, where SSA makes a reconsideration determination and an initial determination on the same case, the ALJ will not dismiss the case merely because the initial determination has not been reconsidered, since a hearing is proper with respect to the reconsideration determination. Therefore, the entire claims file is sent to the ALJ. (See GN 03101.001 and GN 03103.140 concerning multiple levels of appeal on one case and GN 03103.220 on dismissal.)