Last Update: 1/16/2015 (Transmittal I-4-36)

HA 01405.002 General Functions and Responsibilities

Renumbered from HALLEX section I-4-0-2

The Office of Appellate Operations (OAO) is responsible for certain actions on cases in which a claimant has filed a civil action. OAO's responsibilities include actions such as:

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  Approving extensions of time to file a civil action (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01410.020);

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  Preparing the certified administrative record (see HALLEX HA 01420.000);

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  Preparing affidavits and declarations used to support motions to dismiss (see HALLEX HA 01430.000);

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  Conducting supplemental reviews of pending court cases, including recommendations to defend on the record, seek voluntary remand, or seek appeal when a court issues a decision that is adverse to the Commissioner (see HALLEX HA 01440.000);

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  Acting on remand orders from the court (see HALLEX HA 01460.000); and

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  Handling appeals of administrative law judge decisions issued following a court remand (see HALLEX HA 01480.000).

In addition, OAO works with the Office of the General Counsel to evaluate and formulate litigation management strategy. Further, the Court Case Preparation and Review Branches track and analyze court case trends in order to:

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  Guide adjudicators with respect to case law;

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  Implement an effective appeals strategy; and

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  Identify and make recommendations to develop or clarify policies, to develop or clarify regulations, or to seek clarifying legislation.

For more information about OAO's authority related to civil actions, see 62 Federal Register 34490 (June 26, 1997).