The approval of two administrative appeals judges (AAJ) is
required for the AC to take own-motion review on any case. When an
analyst recommends own-motion review, the AAJ designated as the A
member adjudicator will review the recommendation and any associated
document(s). The A member may return the case to the analyst for further
analysis or revision. If the A member agrees with the recommendation and
accompanying documentation, the A member will forward the case to the B
member for consideration. If both adjudicators agree with the action, they
will sign the associated action document and staff will release it. If
the AC issues a separate notice of review prior to its final action,
OAO staff will establish a 35-day diary for receipt of a response.
If the AC is taking own-motion
review to issue a fully favorable decision, remand the
case for further proceedings, or issue a decision that is
favorable in part and remanded in part, a separate notice of
review is not required and the AC's decision or remand order
may serve as notice of review to all parties (see 20
CFR 404.973 and 416.1473).
When the AC initiates own-motion review and remands the case for a new
hearing, the claimant's rights to a hearing under Goldberg v. Kelly,
397 U.S. 254 (1970), and to review additional materials and evidence,
will be satisfied as part of the new hearing before the Administrative
Law Judge.
When an analyst does not recommend own-motion review, the analyst
will forward the recommendation to effectuate the hearing decision
to an appeals officer (AO) or AAJ, as appropriate. If the adjudicator
agrees with the recommendation, OAO staff will forward the case to the
effectuating component (i.e., processing centers for title II claims
and field offices for title XVI claims) for processing. If the case
involves a partially or fully favorable hearing decision, closing the
ARPS record will automatically forward the case for effectuation of
the hearing decision. If, on review, an AO disagrees with an analyst's
recommendation and finds own-motion review may be appropriate, the AO
will refer the case to an AAJ for further consideration.