If the PC cannot effectuate the case because of an error in the decision (see HALLEX I-3-6-10 for examples of errors that may prevent effectuation), the PC technician will prepare an agency protest memo and fax it to the Electronic Folder (EF). The technician will document the EF using document type 2095- Protest Memo. For more information on barcodes to index documents into the correct section of the EF, see DI 80830.100.

If there is only a typographical or clerical error in the ALJ decision, see DI 42010.075.

The technician will prepare an email to the AC at ^DCARO OAO Protest Cases requesting AC action on the ALJ's or AC's decision. Do not send a copy of the email to the hearing office that issued the decision.

Include the following information in the email:

• •

  Name and social security number (SSN) of the claimant;

• •

  Any cross-reference number;

• •

  The date of ALJ's or AC's decision; and

• •

  The statement “Sender is protesting the ALJ’s decision” or "Sender is protesting the AC's decision."

If the case in question was not processed in eView, the PC will process the case as paper, place a copy of the protest memo in the paper file, and include the address of where the Office of Appellate Operations (OAO) staff should return the file after the AC completes its action. After the PC notifies the AC of the protest, the PC must then forward the paper file to the Division of Quality Review in Falls Church, Virginia. The address is

OAO staff will follow these instructions:

• •

  Check the ^DCARO OAO Protest Cases mailbox daily for protest notifications.

• •

  Establish case controls in the Appeals Review Processing System (ARPS). The fields used in ARPS (Query – General Information – Claim Information section) to record a Bureau Protest are:

  • –

    Workload Type = BP

  • –

    Request Date (Control date) = The ALJ hearing decision date or AC decision date. If the case is outside the 60-day own motion period, enter a remark in ARPS indicating that jurisdiction may only be obtained via reopening; add the reopening deadline date.

  • –

    Received Date = The date OAO received the Bureau Protest memo.

  NOTE: 

  The ARPS Query-General Information- Final Action section shows the action(s) taken by the AC on the protest, the routing, and the date of the action (such as, Title II Final Action, Title II Final Routing, and Final Action Mailed Date).

• •

  Work the protest electronically if the case was processed in eView (to include faxing, scanning any notices or Protest replies into the EF). If the case was not processed in eView, work the protest as a paper case.

• •

  When the AC completes its action on the protested electronic case, the AC will upload its final document into the EF and through iMain (Evidence Portal). For the protested paper case, the AC will put a paper copy in the paper file and upload a copy through iMain (Evidence Portal).

HALLEX I-3-6-10 - Protests of a Prior Decision

DI 80830.100 Barcodes

DI 42010.075 Telephone Contact with ODAR Due to a Typographical or Clerical Error