TN 3 (03-20)

DI 80830.075 Bureau Protest Memo Due to Error in the Administrative Law Judge (ALJ) or Appeals Council (AC) Decision

A. Processing Center (PC) Actions

If the PC cannot effectuate the case because of an error in the decision (see HALLEX I-3-6-10 for error explanation), the PC technician will prepare an agency protest memo and fax it to the Electronic Folder (EF). Document the ED using document type 2095- Protest Memo. For more information on barcodes, see DI 80830.100.

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

Prepare an email to the AC at ^DCARO OAO Protest Cases requesting AC action on the ALJ'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:

  • The name and SSN of the claimant;

  • Any cross-reference number;

  • Date of ALJ decision; and

  • The statement “Sender is protesting the ALJ’s decision.”

If the case in question is entirely paper with no associated eView record, the PC will place a copy of the protest memo in the paper file. After the AC completes the action on the protest memo and returns it to the PC, the PC must forward the paper file to the Division of Quality in Crystal City, Virginia. The address is 5107 Leesburg Pike, Suite 1400, Attn: QRB 1, Falls Church, VA 22041.

If the protest is a paper file, include the address of where the OAO staff should return the file after AC action.

B. Office of Appellate Operations (OAO) Actions

Staff within OAO should follow these instruction:

  • Check the mailbox daily for protest notification receipt.

  • 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. 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 the Bureau Protest memo was received by OAO.

    NOTE: 

    The ARPS Query-General Information- Final Action section shows the action 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 (to include faxing, scanning 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 document into the EF (that is the AC's declination of the protest, remand to an ALJ or a decision by the AC).

NOTE: 

After the AC completes the action on the protest case the ARPS system generates an automated alert to the PC indicating an action on the case. The PC will read the ACR to FIN FIN.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0480830075
DI 80830.075 - Bureau Protest Memo Due to Error in the Administrative Law Judge (ALJ) or Appeals Council (AC) Decision - 03/18/2020
Batch run: 06/10/2020
Rev:03/18/2020