Identification Number:
CJB 10-02
Intended Audience:All ODAR Hearing Level Personnel
Originating Office:ODAR Office of the Chief Administrative Law Judge
Title:Remands Affected by Service Area Realignment or Permanent Case Transfers-ACTION
Type:Chief Judge Bulletins
Program:All Programs
Link To Reference:HALLEX I-2-1-57; HALLEX I-3-7-42
 
Retention Date: Indefinite

Summary: This is a clarification of policy regarding the routing of remands in cases affected by service area realignments and permanent case transfers. Remands should be processed by the hearing office servicing the claimant’s current residence address.

Exceptions to this rule:


    · There is an order from the Appeals Council (AC) or a court directing otherwise.

    · There are other grounds for assignment to a different hearing office per OCALJ approval.


Service Area Realignment

The Appeals Review Processing System (ARPS), in conformance with HALLEX I-3-7-42, is programmed to send all remands to the hearing office servicing the claimant’s current residence address as set out in DOORS. Remands of service area realignment cases in which the hearing office servicing the claimant’s address has changed since the initial hearing will remain at the servicing hearing office and will not be transferred to the hearing office of the ALJ who heard the case.

Permanent Case Transfers

Remanded cases returning to the hearing office servicing the claimant’s current residence address which were heard in another hearing office as a result of a permanent case transfer, will be heard by an ALJ in the servicing hearing office. HALLEX I-2-1-57 will be updated to reflect this policy.

Direct all program–related and technical questions to your RO support staff. RO support staff may refer questions or unresolved issues to their Headquarters’ contacts in OCALJ.


CJB 10-02 - Remands Affected by Service Area Realignment or Permanent Case Transfers-ACTION - 04/21/2010