Last Update: 6/25/2014 (Transmittal I-2-112)
HA 01295.002 Acknowledging a
Request for Hearing When Investigative Evidence Is In the Record
Renumbered from HALLEX section I-2-10-2
If the file includes a flag or notation showing that the Social
Security Administration (SSA) or Disability Determination Services
staff made a referral to the Office of the Inspector General (OIG)
or a Cooperative Disability Investigations Unit (CDIU), and there
is no evidence from OIG in the file, the hearing office (HO) will
acknowledge receipt of the request for hearing using the usual procedures
in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01205.020.
For more information on distinguishing between OIG and CDIU, see
HALLEX HA 01130.001.
However, if the file contains evidence from OIG or CDIU, the
HO will notify the claimant that this evidence is in the file. The
HO will do this by modifying the standard acknowledgement letter as
follows:
Your file contains investigative evidence submitted by the
[Office of the Inspector General][Cooperative Disability Investigations
Unit] of the Social Security Administration. You may see this evidence,
as well as the other evidence in your file, if you decide to look
at the file.
If OIG or CDIU submits investigative
evidence to the HO after the acknowledgement letter has been sent,
see HALLEX HA 01295.003.
If a claim was “redetermined” at
a prior administrative level (see HALLEX HA 01130.025), the HO will be provided
specific instructions on any necessary changes in the acknowledgment
letter.