For Title XVI (TXVI) non-disability hearings, the ALJ must make a decision within
90 days of the date that we received the hearing request. The servicing FO must forward
the eNDSS and folder, to the servicing HO, within 30 days of the date that the FO
received the hearing request. Contact the servicing HO if you will not be able to send the completed eNDSS and folder
within 30 days.
Take the following steps to send the HA-501 and folder to Office of Hearings Operations
(OHO):
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a.
Within five business days of receiving the hearing request, use the 501 case flag
to fax the HA-501 to the servicing HO. 501 Case Flag Document:
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c.
If there is no folder in the office, obtain or create the folder per SI 04030.030C. Otherwise, continue to the next step.
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d.
Complete the eNDSS and fax it into the Non-disability Repository for Evidentiary Documents
per GN 03103.130B.
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e.
Ensure that the following documents are in the brown paper folder:
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3.
SSA-561-U2 (Request for Reconsideration),
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4.
Reconsideration Determination,
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5.
Notices concerning the appeal issue,
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6.
Evidence (related to the reconsideration determination and hearing request),
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7.
SSID (Complete Record Request) with the complete payment history and due process information.
As applicable annotate the following information, in red, on the query:
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•
TXVI only Payment Status,
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•
TII and TXVI Payment Status,
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•
TXVI in Suspense due to TII Payments Being Paid Pending Issuance of the administrative
law judge (ALJ) Decision and attach the MBR, and
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•
TII benefits continue until the hearing decision and advance notice date - ensures
correct termination of the TII benefits and Medicare Health Insurance and Supplemental
Medical Insurance if the ALJ affirms the blindness or disability cessation.
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8.
Good cause statement if applicable.
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f.
Complete and attach the SSA-636 (Transmittal Notice - Hearing Case) and Non-medical
Folder Flag to the folder. If there is a protective filing date, annotate it in the
remarks section of the SSA-636. Mail the folder to the servicing HO. Non-medical Folder
Flag:
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g.
Case control
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1.
TXVI case - Update the appeal information on the SSR and complete a Form SSA-8028 (SSI Claims
Control) (SSA-8028) input (SM 01201.020) to update the folder location.
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2.
Concurrent case -
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•
For the Title XVI part of a concurrent case, update the appeal information on the
SSR and complete an SSA-8028 input.
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•
For TII (RSI) complete and forward an SSA-5006 (Progress Report Transfer of Req) to
the Program Service Center. In the remarks section, indicate that the FO forwarded
the folder to the servicing HO and include the servicing HO’s office code.