Continue to defer development of non-medical issues until the ALJ issues a favorable
medical decision. If non-medical ineligibility is discovered, or work activity is
reported, notify the HO.
EXCEPTION: Ordinarily, the ALJ rules on issues formally considered by a lower adjudicatory
level. Therefore, if a new non-medical ineligibility issue is discovered or completely
developed after the HA-501-U5 and the claim has been forwarded to the HO, retain the development in
the FO pending the outcome of the hearing. Take no action unless a favorable decision
on the medical issue is received.
However, in a few cases, non-medical ineligibility, (e.g., excess resources) may be
discovered when the HA-501-U5 and the claim folder(s) are being forwarded to the HO.
In this instance, fax any development and an SSA-5002 (Report of Contact) summarizing
the new issue in the CEF for electronic cases or mail it to the HO for paper cases.
The ALJ may choose to decide the new issue along with the medical issue, if the decision
can be resolved quickly (usually within 90 days for non-medical issues), or address
only the medical issue and refer resolution of the non-medical issue to the FO.