TN 16 (03-24)

GN 03104.300 Appeals Council (AC) Requests Development

A. Policy

When a request for review of a hearing decision is filed, the Office of Appellate Operations (OAO) has jurisdiction. Therefore, the field office (FO) should not undertake any development unless requested to do so by OAO.

B. Procedure

1. AC Requests Development

  1. a. 

    Complete the development requested promptly.

  2. b. 

    If development is not completed within 30 business days, fax (703) 605-7101 a status report to OAO stating what progress has been made, what remains to be done, and the expected date of completion. If none, fax to the attention of the OAO branch requesting the development.

  3. c. 

    Request OAO authorization if obtaining requested evidence requires payment of a fee. OAO will instruct FO how to show authorization on the FO voucher.

  4. d. 

    If the assistance of another FO is needed in the development, attach a copy of OAO's development request to a Form SSA-562 (Request for Assistance), to the appropriate FO, asking the FO to send the development directly to the AC. Make sure there is sufficient claimant identifying information on the material so it is not misdirected. Ask the FO to notify you when the development has been forwarded.

  5. e. 

    Document your actions on DW01or Modernized Development Worksheet (MDW).

2. Subsequent material, information, or correspondence received after request for review sent to AC

  1. a. 

    When material is received after the request for review is filed with the AC, upload the material to eView or Electronic Non-Medical (ENM). If there is no electronic record, email the material to ^DCARO OAO or fax to 1-(833)-509-0814.

    For paper claims folders, after confirming that the materials were uploaded to the electronic claim file, emailed, or faxed to OAO, query the current location of the paper folder and mail the materials to that location for association. Questions regarding proper procedures regarding routing can be forwarded to ^DCARO OAO.

    Notify the claimant that the material was received and forwarded to OAO.

    EXCEPTION: Send inquiries from members of Congress or material requiring immediate action to the Claimant and Public Assistance Branch (CPAB) at ^DCARO OAO CPAB or by fax at (833)-763-0405. Offices may also contact CPAB at (703) 605-8000.

  2. b. 

    When the material does not involve the issue before the AC:

    • Acknowledge receiving the correspondence and take necessary action, e.g., change of address or suspension of benefits for current employment or self-employment (SE). Inform the OAO of changes of address.

    • If the claims file is needed to take the action, acknowledge the correspondence and respond fully when the folder is returned from the AC.

    • If immediate action is necessary, send the correspondence to the CPAB asking that immediate action be taken or that the claims folder be returned so that the FO may take the immediate action.

  3. c. 

    If additional evidence is received after the AC takes action, forward to the AC, e.g., AC dismissed the request for review but the 60-day time limit for filing a civil action has not expired.

  4. d. 

    Material should be forwarded to the ALJ with jurisdiction of the case:

    • If the claimant did not file a request for review of the ALJ decision or dismissal;

    • If the claimant filed a request for review but the AC dismissed it for any reason other than claimant's death; or

    • The claimant filed a request for review but the AC denied it and the 60-day period for filing a civil action has expired.

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GN 03104.300 - Appeals Council (AC) Requests Development - 03/14/2024
Batch run: 03/14/2024