DI 80830.075 Protest Memo
A. PC Actions
If the case cannot be effectuated because of an error in the decision, the technician prepares an Agency protest memo, and fax it to the Certified Electronic Folder (CEF) using document type 2095 - Protest Memo. For more information on barcodes see DI80830.100 - Barcodes.
Read the ACR to FIN FIN. Transfer the WMI to OAO RSI/SSI STAFF code -- 5821 (DOORS = X94).
Prepare an email to the Appeals Council (AC) at “^DCARO OAO Protest Cases” requesting AC action on the Administrative Law Judge's (ALJ's) decision, and send a copy of the email to the Hearing Office (HO) and the DPB/DPU mailbox for PCs1-6 only.
The following information should be included in the email:
The name and SSN of the claimant,
any cross-reference number,
date of ALJ decision, and
A statement “sender is protesting the ALJ’s decision.”
Alternatively, the technician may wish to resolve the issue informally with the ALJ or the HO, using locally negotiated procedures.
B. OAO Actions
Specific staff within OAO:
Check the mailbox daily for protest notification receipt.
Establishes case controls in the Appeals Review Processing System (ARPS). The fields used in ARPS (Query – General Information – Claim Information section) are: Workload Type = Bureau Protest (BP); Request Date = (Date of Protest Memo); and Received Date = (Date Protest Received in OAO). These fields show that OAO received the protest.
In addition, the ARPS Query – General Information – Final Action section shows the action taken by the AC on the Protest, the Routing, and the date the action was taken (e.g., Title II Final Action and Title II Final Routing; and Final Action Mailed Date).
Work the protest electronically (to include scanning or faxing any notices or protest replies into the EF).
When the AC completes the action on the protested case, the AC:
Notifies the PC via “REPLY TO ALL” email when the final action is taken on the protest.
Faxes or scans the AC’s final action document into the CEF (i.e., the AC’s declination of the protest, remand to an ALJ or a decision by the AC.)
For AC remands or unfavorable decisions, OAO faxes a transmittal sheet into the PPC (see DI 80830.110A., Example 1 – Transmittal by Office of Appellate Operations.)
For AC declinations of protest and favorable decisions, an automated notification is sent to the PC when OAO closes the case in ARPS. No further action is necessary.