While not an exhaustive list of examples, OAO staff may need to develop whether a request for review was erroneously established when:

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  OAO receives correspondence directly and establishes an ARPS record, but on further review, the correspondence does not constitute a request for review;

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  A field office (FO) established an ARPS record but there is no written request for review associated with the record; or

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  An FO established an ARPS record on a written correspondence, but the correspondence does not constitute a request for review.

OAO staff will not clear a case in ARPS without undertaking development to ensure the request for review was erroneously established.

In some cases, it may be necessary for OAO staff to first contact the FO to determine whether it has a copy of a written request for review. If the FO cannot provide a copy of a written request for review, or contact with the FO is unnecessary (e.g., OAO established the case in ARPS), OAO staff will prepare correspondence for the claimant and appointed representative, if any, explaining that:

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  The AC established a case;

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  The AC determined that the letter did not constitute a request for AC review, or the AC determined that the claim(s) file does not contain a written request for review;

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  The AC will not take any action on the case unless a written request for review is filed; and

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  A request for review must be filed within 60 days of receipt of the hearing decision or dismissal, but if that is not possible, the claimant may ask the AC to extend the time to file a request for review.

When preparing the letter, OAO staff will use the COR 19 template in the Document Generation System, modifying the content of the letter, as needed, to address the particular fact scenario.

In addition to sending the letter to the claimant and appointed representative, if any, OAO staff will:

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  If the claim(s) file is electronic, use the “Send to eFolder” button in DGS to associate a copy of the letter with the electronic claim(s) file.

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  If the claim(s) file is paper, send a copy of the letter to any other affected component.

After sending the letter, OAO staff will add a remark in ARPS explaining the situation and diary the case for 30 days.

If, in response to its letter, OAO receives a written request for review, OAO staff will associate the writing with the record and proceed with processing the case in the usual manner.

If the claimant does not submit a written request for review and the diary expires, OAO staff will add a remark in ARPS noting that the claimant did not submit a timely request for review and close the case using the SPDI dismissal code.