Last Update: 5/26/2017 (Transmittal I-3-157)
HA 01310.025 Branch Responsibilities
When Claim Is Remanded and Hearing Office Does Not Receive Claim(s)
File
Renumbered from HALLEX section I-3-1-25
If a hearing office (HO) receives a remand from the Appeals
Council involving a paper claim(s) file but does not receive the
claim(s) file with the remand order, HO staff will contact the Executive
Director's Office (EDO) in the Office of Appellate Operations (OAO)
via email. See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.011 B. The
EDO will forward the email to the branch with jurisdiction for immediate
action.
On receipt of the email, the branch chief will:
•
Ensure that the Appeals
Council remanded the case and that all documentation is in order;
•
Take necessary action to correct any errors or discrepancies;
and
•
Attempt to locate the file using the Claim(s) File
and Hearing Recording Search Checklist in HALLEX HA 01310.026,
including sending a request through the Automated
Folder Location website.
If the claim(s) file is located, OAO staff will send it to
the HO using the most expeditious method possible.
If the claim(s) file is not located after all reasonable attempts,
and all documentation suggests the claim(s) file was sent to the
HO, the branch chief will notify the EDO by sending an email to ^DCARO
OAO with a copy or summary of the completed checklist. If it appears
all necessary attempts were made to obtain the claim(s) file, the
EDO will notify the hearing operation that the claim(s) file could
not be located and that the HO must reconstruct the claim(s) file
using the procedures in HALLEX HA 01210.012.