These instructions apply to all processing centers (PC); i.e., all program service
centers (PSC), INTPSC and ODO.
When the PC questions an ALJ or Attorney Advisor’s decision or finds that the decision
is impossible to effectuate, the Office of Disability Adjudication and Review (ODAR)
must be asked to clarify the decision. A written referral to ODAR is called a “PROTEST”.
Protest referrals must be sent to the AC in time for the AC to take on its on own
motion review within 60 days of the ALJ decision, otherwise payments must be made.
DO/BO's need not question ALJ or Attorney Advisor decisions since the PC's review
those decisions for errors before implementation. However, if the DO/BO feels the
need to question a decision, they will send a memorandum to the appropriate PC, Attention:
Reconsideration Branch for possible referral to ODAR. Diary all cases referred for
50 days from the date of the ALJ decision.
All “protest” referrals questioning an ALJ’s medical decision, or involving non-disability
problems e.g., possible reopening of prior application (sent back to ODAR on a post-effectuation
basis), insured status not met, work in period ruled on, should be mailed to:
ODAR, OAO QRB 1
5107 Leesburg Pike
Falls Church, VA 22041
DO NOT OPEN IN MAILROOM.
Refer to DI 42010.070 and DI 42010.075 for instructions on how to prepare a case for “protest” to ODAR.
If a disability decision cannot be effectuated due to a clerical error in the ALJ
or Attorney Advisor decision, follow the procedures in DI 42010.075 to telephone the Hearing Office Director in the issuing hearing office.
ODO and the PSC/INTPSC will not send copies of disability issue “protest” memoranda
to Central Office.
NOTE: For case control, the ODAR office code is LF6.