TN 2 (03-10)

DI 44001.135 Hearing Cases with Railroad (RR) Involvement

A claimant who files a request for a hearing on an SSA claim may also have a claim pending with the Railroad Retirement Board (RRB). In such cases, the Great Lakes Program Service Center-Disability Processing Branch (GLPSC-DPB) disability processing specialist (DPS) must ensure that both the administrative law judge (ALJ) and the RRB are aware of actions pending and decisions on the claims of both agencies.

Field office (FO) instructions for processing hearing requests are located in DI 12045.065, which explains that the FO forwards a copy of the hearing request forms to GLPSC-DPB.

To ensure appropriate coordination between the Office of Disability Adjudication and Review and RRB, the GLPSC-DPS take the following actions:

A. Pre-hearing procedure

Contact the RRB (as appropriate based on the facts of the case) upon receipt of the photocopies of the HA-501 (Request for Hearing) and SSA-636 (Transmittal Notice – Hearing Case):

  • Inform RRB that the claimant has filed a request for a hearing with SSA, and that GLPSC-DPB will forward copies of the decision and medical evidence, as appropriate, once the ALJ makes a decision.

  • Request copies of any new evidence from the RRB folder since the last SSA/RRB coordination of disability determinations. RRB has agreed to release copies of any medical evidence to GLPSC-DPB immediately, even if they elect to wait until they receive a copy of the SSA hearing decision before making their decision.

  • If RRB is waiting for receipt of the SSA hearing decision to adjudicate a pending claim, add the following message to the certified electronic folder (CEF): “RRB claim pending – fax ALJ decision to RRB upon receipt.”

    NOTE: If case is paper MDF, add the message to the case by creating a special message on the MBR.

  • If there was no prior SSA/RRB coordination on the current claim, request copies of all medical/vocational evidence and disability determinations from RRB.

  • Fax any new evidence from RRB into the CEF for electronic claims or route any new evidence received from RRB to the hearing office for MDF claims.

B. Coordination of hearing decision with RRB

When the ALJ renders the hearing decision, follow DI 44001.125 for coordinating the decision with RRB. ALJ decisions are not subject to reversal by GLPSC-DPB. However, if we receive additional evidence from RRB that may affect the determination, send a memo to the ALJ requesting consideration of reopening due to receipt of new evidence per DI 42010.045.

If there is a message on the CEF (or MBR) that RRB has a pending claim and is waiting for a copy of the ALJ hearing decision before proceeding, fax the decision to RRB immediately.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0444001135
DI