TN 24 (01-15)
GN 03103.130 Development in Hearing Cases
A. General information about developing hearing cases
For non-disability hearing requests, the jurisdictional PC completes the Electronic Non-disability Summary Sheet (eNDSS) for the Title II (TII) only non-disability cases. The servicing field office (FO) completes the eNDSS for Title XVI only and TII and TXVI concurrent common issue cases. There are three exceptions to completing the eNDSS. Do not complete the eNDSS for hearing requests associated with the following issues:
substantial gainful activity;
res judicata (previously determined claim for disability benefits);
work issues continuing disability review (dispute of earnings and work activity - does not include appeals on overpayments); and
Benefit Offset National Demonstration (BOND) overpayments.
For disability hearing requests, the servicing FO ensures that the claimant completes the Form SSA-3441 (Adult Disability Report – Appeal) per DI 12010.005B.
For non-disability and disability cases, technicians will complete development upon request by an administrative law judge (ALJ). When the ALJ makes a favorable decision on the issue appealed by the claimant, technicians must also develop other factors of entitlement.
When you need to contact a claimant in order to complete development and if the claimant has an appointed representative, see GN 03910.050.
B. Jurisdictional PC and Servicing FO completes the eNDSS
The jurisdictional PC’s or servicing FO’s technicians complete the eNDSS for non-disability hearing requests. Technicians take the following actions when they receive a hearing request for a non-disability issue.
To complete the eNDSS, access the Office of Quality Assurance (OQA) Toolbar and select Menu, Programs, and eNDSS. The eNDSS should provide a summary of the relevant facts associated with the case.
The following is an example of a completed eNDSS:
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Fax the eNDSS into the Non-Disability Repository for Evidentiary Documents (NDRed) per GN 00301.313 and place a copy in the paper folder.
Send the completed eNDSS, HA-501, documentation, any additional evidence and folder to the servicing hearing office (HO) per GN 03103.080C (TII only) and SI 04030.030 (TXVI only and TII and TXVI concurrent common issue).
C. FO completes development upon request by an ALJ
Promptly complete the development request made by an ALJ.
Follow these procedures:
Obtain and send the requested information to the ALJ.
If you are unable to obtain the evidence or information within 45 days, advise the ALJ of the status, and ask whether he or she wants to continue with development.
If you are unable to obtain the information, return the request to the ALJ and use the Form SSA-5002 (Report of Contact) to provide an explanation of the efforts to try to obtain the information.
D. Reference list
DI 12010.005 Development of Administrative Law Judge Hearing Cases
GN 00301.313 The Inter-relationship of the Non Disability Repository for Evidentiary Documents Application as it Relates to the Non Disability Repository and the Claims Records Management System
GN 03103.080 Forwarding the Form HA-501-U5 (Request for Hearing by Administrative Law Judge) and Folder to the Servicing HO
GN 03910.050 Contacting a Represented Claimant