TN 4 (04-01)
When a request for review of a hearing decision is filed, ODAR, Office of Appellate
Operations (OAO) has jurisdiction. Therefore, the FO should not undertake any development
unless requested to do so by OAO.
Complete the development requested promptly.
If development is not completed within 30 business days, fax (703) 605-7101 a status
report to OAO stating what progress has been made, what remains to be done, and the
expected date of completion. If none, fax to the attention of the OAO branch requesting
Request OAO authorization if obtaining requested evidence requires payment of a fee.
OAO will instruct FO how to show authorization on the FO voucher.
If the assistance of another FO is needed in the development, attach a copy of OAO's
development request to a Form SSA-562 (Request for Assistance), to the appropriate
FO, asking the FO to send the development directly to the AC. Make sure there is sufficient
claimant identifying information on the material so it is not misdirected. Ask the
FO to notify you when the development has been forwarded.
Document your actions on DW01or MDW.
When material is received after the request for review and the claims file is released
to the AC, send to:
Notify the claimant that the material was received and forwarded to OAO.
EXCEPTION: Send inquiries from members of Congress or material requiring immediate action to:
When the material does not involve the issue before the AC:
Acknowledge receiving the correspondence and take necessary action, e.g., change of
address or suspension of benefits for current employment or SE. Inform the OAO of
changes of address.
If the claims file is needed to take the action, acknowledge the correspondence and
respond fully when the folder is returned from the AC.
If immediate action is necessary, send the correspondence to the Division of Congressional
and Public Inquiries asking that immediate action be taken or that the claims folder
be returned so that the FO may take the immediate action.
If additional evidence is received after the AC takes action, forward to the AC, e.g.,
AC dismissed the request for review but the 60-day time limit for filing a civil action
has not expired.
Material should be forwarded to the ALJ with jurisdiction of the case:
If the claimant did not file a request for review of the ALJ decision or dismissal;
If the claimant filed a request for review but the AC dismissed it for any reason
other than claimant's death; or
The claimant filed a request for review but the AC denied it and the 60-day period
for filing a civil action has expired.