Effective Dates: 07/29/2022 - Present Previous | Next

Last Update: 7/29/2022 (Transmittal I-2-247)

HA 01210.086 Formal Requests for Clarification – Procedures

Renumbered from HALLEX section I-2-1-86

See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.085 for an explanation of when a formal request for clarification is appropriate.

A. Communicating with the Appeals Council (AC)

An administrative law judge (ALJ), or designated hearing office (HO) staff, who wants to request formal clarification of an AC remand order must communicate with the AC only as set forth below. HO staff and ALJs may not directly contact AC adjudicators regarding specific cases, regardless of whether the case is pending at the AC or at the HO.

NOTE: 

As used herein, HO staff and ALJs include staff and ALJs in a National Hearing Center and the Special Review Cadre.

B. Procedures

As set forth in this subsection, there are two required steps to obtain formal clarification from the AC:

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    First, an ALJ must obtain approval from hearings level management to request clarification (see B.1. below); and

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    Second, if hearings level management approves, the ALJ must submit the request to the AC and obtain a response from the AC before acting on the hearing level case (see B.2. below).

NOTE: 

ALJs who intend to request clarification from the AC must submit the request before conducting a hearing.

1. Obtaining Management Approval

To obtain management approval to request clarification of an AC remand order, the ALJ must first obtain approval from the Hearing Office Chief Administrative Law Judge (HOCALJ). If the HOCALJ approves, the ALJ must request concurrence from the jurisdictional Head of Hearings Hub (HHH) that a clarification request is appropriate (i.e., meets the criteria for clarification). To do so, the ALJ will send an email to the jurisdictional Hub with subject line “Formal AC Clarification Request – [claimant's last name].” The ALJ must request concurrence as soon as possible after receiving the AC remand order and the claim file(s). The ALJ or designated HO staff will use the following dedicated mailboxes for each Hub:

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    Hub A: ^DA HRNGHubA Programs

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    Hub B: ^DA HRNGHubB Programs

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    Hub C: ^DA HRNGHubC Programs

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    Hub D: ^DA HRNGHubD Programs

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    Hub E: ^DA HRNGHubE Programs

If the HHH does not agree that the request meets the criteria for clarification, the HHH or designee will inform the ALJ of the denial in writing (via email) as soon as possible so the ALJ can proceed with the hearing. If the HHH or designee approves the clarification request, the HHH or designee will submit the request to Compliance, DDS and Hearings Quality (DHQ) via email at |||DA DICompliance Hearings Quality, who will facilitate with the CALJ or designee for approval or disapproval of the clarification request. DHQ will then inform the HHH or designee of the final approval or denial in writing (via email). The HHH or designee will inform the ALJ of the decision in writing (via email).

2. Submitting the Request and Obtaining a Response from the AC

If the ALJ receives approval from DHQ, the ALJ or designated HO staff will:

  • •

    Notify the claimant and representative, if any, of the clarification request using the written correspondence letter template, stating:

    “Pursuant to HALLEX HA 01210.086, we are writing to inform you that the Administrative Law Judge has submitted a formal request for clarification of the Remand Order issued by the Appeals Council on [DATE].

    Pursuant to HALLEX HA 01390.095, if the Appeals Council determines clarification is appropriate, the Appeals Council will mail you a copy of the order vacating its prior remand order. If the Appeals Council denies the request for clarification, the Appeals Council will send you a copy of the memorandum denying the request for clarification.”

  • •

    Upload a copy of the written correspondence in the B section of the claim(s) file.

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    Prepare a written request to the AC that includes the claimant's full name, Social Security number (SSN), and the following statement at the beginning of the clarification request, “The Chief Administrative Law Judge has approved this request for clarification of an Appeals Council remand order.”

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    Send the approved clarification request to the AC via email at ^DA ApplsReqReview General, with the subject line “Formal Request for Clarification – [claimant's last name].” The sender must not include the claimant’s SSN in the subject line. The email must include the approval from DHQ.

NOTE: 

If the claim(s) file is a non-certified electronic folder, the email requesting clarification should clearly state that the exhibits and hearing recording are located in the Electronic Non-Medical (ENM) application or the Evidence Portal, as applicable. The HO should not send any paper file to the AC unless specifically requested.

The AC will respond to the ALJ or HO in writing to confirm receipt. The AC will send its final action or response to the clarification request via regular mail to the claimant and representative, if any.

3. Follow Up

If the HO has not received a response to the clarification request within 30 days, HO staff may send a follow-up email to ^DA ApplsReqReview Controls, with “Second Request” added to the subject line. HO staff must not include the claimant's SSN in the subject line.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501210086
HA 01210.086 - Formal Requests for Clarification - Procedures (I-2-1-86) - 07/29/2022
Batch run: 04/02/2026
Rev:07/29/2022