TN 9 (05-02)

GN 03106.050 Court Orders - Responsibilities of the Office of the General Counsel (OGC)

A. PROCESS

1. OGC Receives Court Order from U.S. Attorney's Office

The OGC receives the court order from the United States Attorney's office. OGC is responsible for:

  • Insuring that the claimant's SSN is clearly shown on the face of the order; and

  • Forwarding orders to the component responsible for effectuation (see GN 03106.060); and

  • For identifying court orders that may warrant further appeal.

2. OGC Believes Further Appeal of Court Order May Be Warranted

If OGC believes further appeal of a court order may be warranted, OGC notifies OALC. The OALC coordinates agency comments from the components affected by the court order. If OALC and OGC determine that no appeal is warranted, OGC is then responsible for:

  • Tracking effectuation of that order; and

  • In a title II or concurrent case involving payment of benefits, notifying the court of the past-due benefits claimant is entitled to receive because of the court order and the amount withheld from claimant's past-due benefits for possible payment of attorney fees. (See GN 03106.065.)

B. PROCEDURE

Upon receipt of a court order, OGC:

  • Date stamps receipt of the order;

  • Screens and identifies the nature of court order (remand, reversal, attorney fee) and any issues that warrant possible appeal;

  • Adds the claimant's SSN to the face of the order, if necessary; and

  • Distributes the order to SSA Operations components responsible for effectuating the order.

NOTE: If an effectuating component receives an order and believes that the order is misidentified, the effectuating component should contact OGC for verification (see GN 03106.020B.).

EXAMPLE: A court order directs that a claim is “remanded to the Commissioner for calculation and payment of benefits” but is labeled “remand." Contact OGC to determine if benefits should be effectuated.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203106050
GN 03106.050 - Court Orders - Responsibilities of the Office of the General Counsel (OGC) - 08/29/2003
Batch run: 01/27/2009
Rev:08/29/2003