TN 1 (05-86)
GN 03990.030 Action to be Taken if an Equal Access to Justice Act Application is Received in an FO or PC
As previously indicated, the provisions of the EAJA do not ordinarily apply to SSA claims adjudicated below the court level (GN 03990.001B.). However, despite this it is possible that an EAJA application may be filed in such cases. The following describes the action to be taken if an EAJA application is received in an FO or PC.
B. SSA Claim Decided at the Hearing or Appeals Council Level
If an EAJA application is received for a claim adjudicated at the hearing level, it should be forwarded immediately to the ALJ who rendered the decision. Similarly, if an EAJA application is received for a claim adjudicated at the Appeals Council level, it should also be forwarded immediately to the ALJ who heard the case. In such instances the ALJ will dispose of the EAJA application.
C. SSA Claim Decided Below the Hearing Level
If an EAJA application is received in an FO or PC for a claim adjudicated below the hearing level, the FO or PC should immediately telephone the Regional Office. The Regional Office should then contact the OGC Regional Office for guidance on the disposition of the EAJA application.