If a legal opinion is required on a RSI claim or on a non-medical issue in a disability claim, forward the request describing the issue and copies of pertinent material to the appropriate state Assistant Regional Commissioner, Management, Operations and Support (ARC-MOS) or the Operations Support Branch (OSB) in the Office of Disability Operations (ODO).

Forward the pertinent material with a report of contact describing the issue to the ARC, MOS (see NOTE in GN 01010.815B.1.).

If a legal opinion is required for a medical issue on a title II or concurrent title II/title XVI disability claim:

• •

  Develop the disability aspects of the claim not affected by the medical issue;

• •

  Immediately forward the disability portion of the claim to the Disability Determination Services (DDS);

• •

  Without waiting for the DDS reply, send the request with all the pertinent details and copies of any pertinent material to the ARC, MOS for approval and submittal to the Office of Disability (OD) in CO; and

• •

  Store a copy of the request for the legal opinion (with the non-disability material) in the electronic disability folder (eDIB) pending a disability determination from the DDS.

NOTE: Use partial adjudication procedures in GN 01010.110 and GN 01010.120 to pay any title II payments due to beneficiaries not involved in the legal question at issue, if the DDS makes the disability determination before the legal opinion is received.

If the request for a legal opinion involves an SSI claim or a non-claim issue:

1. a. 

   Send the request to the ARC, MOS in the region where the resident FO is located; and

2. b. 

   Maintain a copy of the request.