Last Update: 4/11/2016 (Transmittal I-2-172)
HA 01210.099 Exhibit – Letter
to Appointed Representative Declining Recusal and Returning Evidence
That Does Not Relate to the Pending Claim
Renumbered from HALLEX section I-2-1-99
Dear **[Representative Name]**:
I received your motion for recusal, dated **[Date]**.
An Administrative Law Judge (ALJ) will disqualify or recuse
himself or herself from adjudicating a case if he or she “is
prejudiced or partial with respect to any party or has any interest
in the matter pending for decision.” 20 CFR 404.940 and 416.1440.
An ALJ may disqualify himself or herself from adjudicating a case
if he or she believes participation in the case would give an appearance
of impropriety. HALLEX HA 01210.060 A. However, disqualification
is not a matter of personal preference or reluctance to handle a
particular case. Id. The ALJ
must have reasonable and proper grounds for such action. Id. For example, the ALJ may withdraw
from the case if: (1) he or she shares an acquaintance with, but
does not know, the claimant or any other party; (2) he or she has
particular knowledge about the claimant or any other party from
an extrajudicial source; or (3) he or she believes participation
in the case would give an appearance of impropriety. Id.
I decline to recuse myself as I am not prejudiced or partial
with respect to any party nor do I have any interest in this matter.
Moreover, I do not share an acquaintance with the claimant or any other
party that would require recusal. I have no particular knowledge
of the claimant or any other party from an extrajudicial source;
nor do I believe my participation in this case would give an appearance
of impropriety.
I cannot consider the materials you submitted with your motion
for recusal because these documents relate to the adjudication of
another individual's claim. Therefore, [I did not add the documents
to the claim(s) file; OR because these documents were uploaded directly
to the electronic file, I have removed the documents from the file].
I am returning these materials to you [OR IF MATERIALS SUBMITTED
ARE VOLUMINOUS IN NATURE: You may retrieve these materials from
our office, if you wish. Materials not retrieved within fifteen (15)
days will be destroyed and disposed of according to our standard
operating procedure for documents that are not related to the pending
claim].
[IF INFORMATION WAS SUBMITTED IN SUPPORT OF AN ALLEGATION
OF GENERAL BIAS BY ALJ: You also submitted an allegation of general
bias or a pattern of bias or misconduct by an ALJ against a group
or particular category of individuals. This issue is outside the
scope of the issues I am adjudicating in this particular case. If
you would like more information about how the Social Security Administration
handles those types of allegations, please review Social Security
Ruling 13-1p: Titles II and XVI: Agency Processes for Addressing
Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct,
or Discrimination by Administrative Law Judges (ALJs).]
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Sincerely,
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**[Name]**
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Administrative Law Judge
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ENCLOSURE: **[Attachments]**
cc:**[Enter]**