DI 33010.040 Transfer of Case to a Different DHU
A claimant's request for transfer of his/her case to a different DHU will be granted if there is good cause for doing so. (See 20 CFR 404.936(c) and 404.936(d), 416.1436(c) and 416.1436(d), and 3 below.)
The case must be transferred to a Federal DHU if a Federal employee made the determination being appealed. (See DI 29001.005 3.)
2. Case may be transferred
A case may be transferred because:
the DHO has been disqualified (see DI 33015.045),
a claimant's request for transfer is granted (see A.1.a. above), and /or
the DHU requests transfer.
3. Who may grant transfer
Transfers within the State of the claimant's residence may be granted by the SHO, or the DHO, if so delegated.
Transfers outside the jurisdiction of the State of the claimant's residence may onlybe granted by the RO after it has assessed the reasons for the transfer.
1. When transfer requested
Contact the RO if assistance is needed as to where a case should be transferred, or the transfer is to a DHU outside the jurisdiction of the State of the claimant's residence.
Advise the RO of any problems you have with the case being transferred. (This is important because the RO must assure the concurrence of all parties involved before granting the transfer.)
NOTE: If necessary, the RO will have a Federal DHO conduct the hearing at a site convenient to the claimant and the DHO.
2. Request granted
After the request for transfer has been granted:
adjust the hearing schedule,
prepare an SSA-408 and annotate it to show the reason for the transfer,
forward the DHU folder with the claims folder (if available) to the receiving DHU,
update the case control system if the claims folder is being forwarded, and
advise the DDS of the DHU now having jurisdiction if the claims folder is in the DDS.