An individual may inquire about EXR while a hearing request is pending at the ALJ
level on a prior termination decision or an initial claim denial. If the requirements
for EXR are met, process the EXR request according to this section.
Do not escalate the EXR decision to the hearing level. Contact the hearing office
to request the medical records (the comparison point decision, or CPD, file) if the
FO has not already done so. This should be done in accordance with locally established
If the EXR request is approved, DDS will contact ODAR immediately so that the Administrative
Law Judge (ALJ) can dismiss the pending hearing request. If the EXR request is denied
and the individual files a request for reconsideration, the reconsideration request
can be escalated to the hearing level if it is determined there is a common issue
(if both cases present medical issues the case could be escalated). The FO will coordinate
this with the hearing office prior to forwarding the file for a reconsideration determination.
See DI 12010.001 and DI 12045.015.