If a hearing office (HO) receives a written inquiry from a Member of Congress that reflects a claimant's dissatisfaction with a determination or decision listed in 20 CFR 404.930 and 416.1430, and the letter expressly states or implies that the Member of Congress is requesting a hearing on the claimant's behalf, the HO will accept the letter as a valid request for hearing (RH) and take the following actions:

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  Take all necessary actions to establish a case in the Case Processing and Management System (CPMS) and screen the case (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01205.001 and HA 01205.010);

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  Prepare a written response to acknowledge receipt of the congressional letter, informing the Member of Congress that the letter has been accepted as an RH on behalf of the claimant;

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  Ensure the congressional letter is date-stamped and the postmarked envelope in which the letter was mailed is not destroyed (for purposes of establishing the filing date); and

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  Associate the RH and acknowledgement letter with the claim(s) file.

If a HO receives a written inquiry from a Member of Congress that reflects a claimant's dissatisfaction with a determination or decision listed in 20 CFR 404.930 and 416.1430, but does not expressly state or imply that the claimant intends to request a hearing, HO staff will take the following actions:

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  Prepare a written response to acknowledge receipt of the congressional letter, requesting that the Member of Congress advise the claimant to contact the appropriate field office (FO) if the claimant wishes to file an RH;

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  Ensure the congressional letter is date-stamped and the postmarked envelope in which the letter was mailed is not destroyed;

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  When possible, associate a copy of the congressional letter with the claim(s) file; and

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  Send the original letter to the appropriate FO with a copy of the HO's acknowledgement of the congressional letter.