A situation may arise where the processing center (PC) may be unable to effectuate an administrative law judge (ALJ) decision for reasons that do not meet the threshold for a protest memorandum, i.e., a typographical or clerical error. In these instances, it is preferable to contact the hearing office (HO) on an informal basis and request an amended decision.

This section does not provide an exhaustive list of scenarios where direct contact with the HO is appropriate. PC technicians should use their best judgment in determining whether a particular case calls for a formal protest.

A Technical Expert (TE) or other designated lead in the PC must review all ALJ typographical and clerical errors before the case can be referred to the Office of Appellate Operations.

If the PC is unable to effectuate a decision due solely to one or more typographical or clerical errors, and the correction of these errors does not affect the outcome of the hearing decision, PCs should e-mail the issuing HO mailbox, with a cc to the Hearing Office Director (HOD). Do not call the ALJ directly. Advise the HO and HOD if the case involves concurrent claims.

The following are examples of typographical or clerical errors:

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  The wrong year is shown for the established onset date that is inconsistent with other findings in the decision;

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  An incorrect application date is shown; or

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  A mathematical error, misapplication of benefit tables, etc., results in an incorrect payment of a monthly benefit or an incorrect lump-sum death payment.

Document all communication with the HO, or the AC, if case is pending with the AC on a report of contact form, including unsuccessful contact attempts. Add a copy of your referral as a Report of Contact/Form SSA-5002 on the APPEAL ACR in Paperless or in the paper folder, if applicable. Diary the case for 15 days.

If you do not receive an amended decision within 15 days of the date of the initial contact, contact the HO or HOD via email for status. If the ALJ is opposed to preparing an amended decision, prepare a protest memorandum requesting own motion review by the AC. See DI 42010.065.

Since the AC has 60 days from the date of the ALJ decision to review a case on its own motion, the memorandum must reach the Office of Appellate Operations with enough time to allow the AC to act within this 60-day period. For this reason, it is important to adhere to the 15-day follow-up period.

Each OHO Regional site has an “Offices” tab in the header with staff directories and contact information for each hearing office under its jurisdiction. Use the following links to locate the name and phone number of the appropriate HOD:

 

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  Region I - Boston Region

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  Region II - New York Region

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  Region III - Philadelphia Region

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  Region IV- Atlanta Region

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  Region V - Chicago Region

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  Region VI - Dallas Region

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  Region VII - Kansas City Region

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  Region VIII - Denver Region

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  Region IX - San Francisco Region

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  Region X - Seattle Region