Last Update: 5/26/2017 (Transmittal I-3-157)
HA 01310.025 Branch Responsibilities When Claim Is Remanded and Hearing Office
Does Not Receive Claim(s) File
Renumbered from HALLEX section I-3-1-25
If a hearing office (HO) receives a remand from the Appeals Council
involving a paper claim(s) file but does not receive the claim(s) file
with the remand order, HO staff will contact the Executive Director's
Office (EDO) via email. See Hearings, Appeals and Litigation Law
(HALLEX) manual HA
01210.011B. The EDO will forward the email to the branch with
jurisdiction for immediate action.
On receipt of the email, the branch chief will:
•
Ensure that the Appeals Council remanded the case and
that all documentation is in order;
•
Take necessary action to correct any errors or
discrepancies; and
•
Attempt to locate the file using the Claim(s) File and
Hearing Recording Search Checklist in HALLEX HA 01310.026, including performing
queries to determine possible locations for the claim(s) file
(see Program Operations Manual System DI 11005.085).
If the claim(s) file is located, Appeals Council staff will send
it to the HO using the most expeditious method possible.
If the claim(s) file is not located after all reasonable attempts,
and all documentation suggests the claim(s) file was sent to the HO, the
branch chief will notify the EDO by sending an email to ^DCDA OAO with a
copy or summary of the completed checklist. If it appears all necessary
attempts were made to obtain the claim(s) file, the EDO will notify the
hearing operation that the claim(s) file could not be located and that the
HO must reconstruct the claim(s) file using the procedures in HALLEX HA 01210.012.