TN 4 (02-90)

DI 33020.030 Informal Remand of ALJ Hearing Case

A. Policy

See DI 27520.005

B. Procedure

1. When case received

When an informal remand case is received in the DHU, refer it to a DHO who had no prior involvement in the case.

2. DHO actions

  1. General

    Review the case and decide if the reconsidered determination which is under appeal can be revised based on the evidence available in the claims folder.

  2. Review shows fully favorable determination warranted

    • Prepare an SSA-831-U3, SSA-832-U3 or SSA-833-U3, as appropriate, to revise the reconsidered determination. Annotate the remarks section of these forms “Informal Remand Case.”

    • Refer to 3.a. and b. below for notices.

    • Notify the ALJ office of the revised determination by providing it with two copies of the DHO's favorable determination. (This is necessary in order for the ALJ to dismiss the hearing request.)

    • Follow normal routing instructions and annotate the SSA-2640 to identify the case as an informal remand.

  3. Review shows partially favorable determination warranted

    • Do not issue a determination if the case was remanded from an ALJ office, either directly to the DHU or by way of the DDS. Return the case to the ALJ office as shown in d. below. (See DI 29005.030B.2 for DDS instructions in this area.)

    • Issue the partially favorable determination if the case was remanded from the FO. Follow b. above for revising the reconsidered determination.

  4. Review shows prior determination cannot be changed

    • Send the claims folder to the ALJ office within seven calendar daysof the DHU's receipt.

    • Forward the folder via an SSA-408 annotated “DHU Action Could Not Be Taken As A Result Of The Pre-hearing Review.”

3. Notices

  1. Title II cases

    Do not send any notice when a fully or partially favorable determination is made.

  2. Title XVI cases

    • See DI 27520.005 for model language and note that the language may need to be revised to fit the particular case.

    • Prepare the notice on an SSA-L8165-U2 (Supplemental Security Income Notice of Decision).

    • Retain a copy of the notice in the DHU and claims folders.

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DI 33020.030 - Informal Remand of ALJ Hearing Case - 02/22/2013
Batch run: 02/22/2013