NOTE: If it appears that a title XVI decision has also been made, prepare another copy
of the referring memorandum. Send the copy of the memorandum with a coy of the title
II decision and any title XVI material under cover of an SSA-408 indicate that the
attached material is forwarded for any necessary action on the title XVI case. Also
add the remarks “You will receive a copy of any subsequent effectuation action.” Flag the case to send a copy to the regional effectuating component when ODAR responds
to the memorandum. The addresses of the SSI effectuating components can be obtained
from internal operating instructions.
The return of the cases directly to ODAR should be limited to those containing clearly
erroneous decisions. (DI 42010.080 for guidelines to identify cases for referral to ODAR.) Cases should not be returned
merely to question the ALJ's interpretation of the facts. If the issue involves a
policy question, interpretation of an existing policy, or a unique situation, the
case should be referred to ODP. Referral should be by an SSA-559 Transmittal Slip
with the reason for the referral clearly defined in the remarks section. Forward the
SSA-559 and claims file through channels to OD, DPATP, TPB, 3-A-11 Operations Building.
OD will respond to the issue raised and/or prepare any referral memorandum to ODAR