While not an exhaustive list of examples, AC staff may need to develop whether a request for review was erroneously established when:

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  The AC receives correspondence directly and establishes a record in the case processing system, but on further review, the correspondence does not constitute a request for review;

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  A field office (FO) established record but there is no written request for review associated with the record; or

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  An FO established a record on a written correspondence, but the correspondence does not constitute a request for review.

AC staff will not clear a case in the case processing system without undertaking development to ensure the request for review was erroneously established.

In some cases, it may be necessary for AC staff to first contact the FO to determine whether it has a copy of a written request for review. If the FO cannot provide a copy of a written request for review, or contact with the FO is unnecessary (e.g., AC staff established the case in the case processing system), AC staff will prepare correspondence for the claimant and appointed representative, if any, explaining that:

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  The AC established a case;

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  The AC determined that the letter did not constitute a request for AC review, or the AC determined that the claim(s) file does not contain a written request for review;

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  The AC will not take any action on the case unless a written request for review is filed; and

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  A request for review must be filed within 60 days of receipt of the hearing decision or dismissal, but if that is not possible, the claimant may ask the AC to extend the time to file a request for review.

When preparing the letter, AC staff will use the COR 19 template, modifying the content of the letter, as needed, to address the particular fact scenario.

In addition to sending the letter to the claimant and appointed representative, if any, AC staff will:

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  If the claim(s) file is electronic, associate a copy of the letter with the electronic claim(s) file.

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  If the claim(s) file is paper, send a copy of the letter to any other affected component.

After sending the letter, AC staff will annotate the case processing system to explain the situation and diary the case for 30 days.

If, in response to its letter, the AC receives a written request for review, AC staff will associate the writing with the record and proceed with processing the case in the usual manner.

If the claimant does not submit a written request for review and the diary expires, AC staff will add an annotation to the case processing system noting that the claimant did not submit a timely request for review and close the case using the SPDI dismissal code.