TN 4 (02-90)
DI 33015.033 Returns for Additional Development (RADS)
A RAD is the return of a case to the development unit for additional evidence.
A RAD Occurs:
When the DHO, upon concurrence of the SHO, believes the record contains insufficient evidence upon which to base a decision.
Before the hearing, e.g., upon the SHO's review, it is believed additional development is needed.
After the hearing, when, in the course of the hearing, new evidence is discovered, DHO observations indicate that development is needed, or some element of the adjudicative process was overlooked.
2. State DHUs
In a State DHU, the DDS administrator decides whether the DHO undertakes the development or whether the case is to be returned to the development unit.
3. Federal DHUs
In a Federal DHU, DHOs return cases to the DDS, or proper development unit for foreign and railroad cases, for additional development.
Refer the case to the SHO if a decision cannot be made based on the available evidence.
2. Return of case to development unit
To return a case to the development unit:
prepare a memorandum outlining what is needed,
show the name of the DHO, if any, and whether it is before or after the hearing or if it is a waiver of appearance case,
have the SHO sign the memorandum,
retain a copy of the memorandum in the DHU folder, and
return the case with the memorandum to the development unit.
3. Once development requested
Notify claimant/representative of the action taken and that the decision will be delayed pending further development.
4. If case returned to DHU
Give claimant the opportunity to review and comment on any evidence secured after a hearing before issuing an unfavorable determination. (See DI 33015.035 for additional information in this area.)