ODO or DRS will send the hearing file copy of the SSA-3583-U2 to OHO without the claims
folder but with the certification below if (1) no reconsideration has been requested,
or (2) a reconsideration is in process but a determination has not been made (see
exception below), or (3) a reconsideration request was not timely filed and was dismissed.
If a reconsideration determination can be made within 3 days of the time the HA-501-U5
is received in the Reconsideration Branch and such determination will be unfavorable,
process the determination but substitute the following for the regular hearing paragraph;
“Since you have requested a hearing, we are referring your request to the administrative
law judge for his or her action on your request.”
The claims file will then be prepared as indicated in GN 03103.120 and forwarded to the DO for transmittal to the ALJ. If a favorable reconsideration
determination will be made, or an unfavorable decision will not be made in 3 days,
do not delay processing the SSA-3583-U2 but forward immediately without the claims
file to the ALJ. This will permit the claimant to decide whether he or she again wishes
to request a hearing after the ALJ’s dismissal of the premature hearing request, and
the favorable reconsideration determination has been received.
In those cases in which the SSA-3583-U2 is forwarded without the claims file to the
ALJ, enter the following certification under “Remarks.”
“The undersigned, an employee of the Social Security Administration, Department of
Health and Human Services, certifies that on (date) , notice was mailed to (name of appellant) that it was determined (issue) and he or she was advised of his or her right to request a reconsideration if he
or she disagreed with the findings. On (date) , (Ms.) (Mr.) (name of appellant) requested a hearing with respect to the above determination. The undersigned further
certifies that the appellant (has a request for reconsideration pending on which no
determination has been made) (has not requested reconsideration of the initial determination)
(did not timely request a reconsideration of the determination).”
The SSA-3583-U2 will be completed in all other respects as indicated in GN 03103.110. The control copy of the completed form should be forwarded to the DO so that they
may cancel any controls they have established for securing the claims folder.
If the request for hearing is not accompanied by the required RC explaining why the
claimant insisted upon filing for a hearing before having a reconsideration, the RECONR,
RECONE (ODO) or DEC (DRS) will, when it forwards the certification to the ALJ, request
the DO to contact the claimant to explain the necessity for reconsideration and a
reconsidered determination before a right to hearing arises. The DO will assist the
claimant in requesting a reconsideration if he or she so desires and he or she has
not previously done so. The DO will submit the RC called for above to document the
file. (See GN 03103.1205 for development where a letter requesting a hearing or an
HA-501-U5 is received in the PC.)
If the ALJ dismisses the hearing request, he or she will advise the claimant that
he or she has no jurisdiction to hold a hearing since the initial determination has
not been reconsidered by SSA.
The PC would not take any final related action pending the ALJ action on the hearing
request. Upon receipt of notice of the ALJ action, the PC may proceed to complete
any pending action and/or consider any additional evidence or information submitted.
In a dual determination situation, where SSA makes a revised initial determination
and an initial determination on the same case, the ALJ will not dismiss the case merely
because the initial determination has not been reconsidered; i.e., he or she will
not dismiss the case since a hearing is proper with respect to the revised initial
determination. See GN 04040.001. Therefore, if the PC cannot reconsider the initial determination within the time
limit specified above, the entire claims file should be forwarded to the ALJ. An example
of this situation usually occurs when an initial determination of entitlement is revised
and thereby creates an overpayment. The claimant receives a notice telling him or
her that his initial entitlement determination is now revised and he or she is at
the same time given an initial determination as to the overpayment.