Generally, the HOCALJ will rotate the assignments requiring travel among all ALJs in the HO consistent with the objective of scheduling older cases first.

ALJs will generally accumulate a docket of cases to be heard at the remote site to minimize administrative travel and related costs. However, if audio, agency video, or online video is available, subject to objections to audio or agency video under HALLEX HA 01205.021 and agreements to online video under HALLEX HA 01205.022, OHO management, through designated staff, is encouraged to schedule hearings by audio, agency video, or online video instead of in person at the remote site because those manners of appearance do not require the ALJ to accumulate a docket of cases required for travel dockets.

An ALJ must obtain advance administrative approval of proposed travel. The procedure for securing approval will vary from region to region, depending upon the specific methods prescribed by the RCALJ.

An ALJ will raise any objections to a travel docket with their HOCALJ.

Critical cases involve a “critical” situation, including Terminal Illness, Veteran 100% Permanent and Total disability compensation rating, Military Casualty/Wounded Warrior, and Compassionate Allowance situations. Flag and assign the case immediately. See HALLEX HA 01210.040.

AC remands, including those generated by the courts, are generally assigned to the same ALJ who issued the decision or dismissal, except in the following situations:

• •

  the AC directs that the case be assigned to a different ALJ.

• •

  the AC previously remanded the case and the same ALJ issued both prior actions (decision(s) and/or dismissal(s)) in the case. In this situation, the AC will direct that the case be assigned to a different ALJ. If the AC did not direct that the case be assigned to a different ALJ, the HOCALJ will assign it to a different ALJ.

• •

  the ALJ is no longer with the Agency.

• •

  AC remands for decisions or dismissals issued by National Hearing Center (NHC) ALJs or ALJs from other offices providing assistance to the servicing hearing office are sent to the HO servicing the claimant's current address. If an ALJ from another office is still providing assistance to the HO and the ALJ is currently on duty in the same office, the case may be assigned to the ALJ unless the claimant has filed a timely objection to appearing at the hearing by both audio and agency video and has not agreed to appear by online video. See HALLEX HA 01205.021 and HA 01205.022.

In addition, the following special situations apply to remanded cases:

Assign the case immediately as the hearing decision must be issued within 90 days from the date of the RH.

Assign the case immediately to avoid or minimize overpayments.

Assign the case immediately as the ALJ may be able to issue a dismissal order quickly. See HALLEX HA 01240.000.

Assign the case immediately as the ALJ may be able to issue a decision quickly.

A claimant's waiver of the right to regular advance notice indicates that the claimant does not need advance notice to prepare for the hearing and desires a hearing as soon as possible. Therefore, if the HO staff can accommodate the claimant because of a cancellation by another claimant or for any other reason, HO staff should assign the case to an ALJ and schedule a hearing as soon as possible, without the usual advance notice.

If a claimant voluntarily asks to withdraw their RH after an ALJ has been assigned to the case, and the ALJ grants the claimant's request (see HALLEX HA 01240.020), except in the circumstances noted in subsection F, the same ALJ will generally be assigned if the claimant later submits a RH on a new application.

Check the Case Processing and Management System (CPMS) or Hearings and Appeals Case Processing System (HACPS) entry for the case to confirm that the prior dismissal was based on the claimant's voluntary withdrawal of their RH. The status field should display the “WDDI” withdrawal dismissal code. Check the decision maker field for the name of the ALJ who issued that dismissal.

If an ALJ has been assigned to a case and the claimant withdraws their application, the same ALJ will be assigned if the claimant submits a RH on a new application.

When a hearing has not yet been held, discretion to reassign the case is with the HOCALJ or other management ALJ. Examples of when reassignment may be necessary before the ALJ hearing include:

• •

  The ALJ who was assigned the case initially is not available to conduct the hearing because of death, retirement, resignation, illness, or other cause resulting in prolonged absence of 20 or more days; or

• •

  The ALJ who was assigned the case is unavailable on short notice to conduct the hearing.

The Office of Hearings Operations has a responsibility to provide for the prompt and orderly dispatch of public service.

When an ALJ has held a hearing but has not approved a draft decision, the HOCALJ or other management ALJ may reassign the case with concurrence of the RCALJ or Office of the Chief Administrative Law Judge (OCALJ). When considering whether to reassign a case after a hearing has been held, the HOCALJ or other management ALJ will consider whether the delay in issuing a decision constitutes a detriment to the public. An example of when a delay constitutes a detriment to the public is when the case has been in post-hearing status for an unreasonable period and previous attempts to assist the ALJ with issuing a decision have been unsuccessful.

When the HOCALJ or other management ALJ reassigns a case to a different ALJ after a hearing has been held, the ALJ to whom the case is reassigned will review all the evidence of record, including the audio recording of the hearing (see HALLEX HA 01260.040 for more information about hearing recordings).

If the reassigned ALJ intends to issue a fully favorable decision after reviewing the record and audio recording, the ALJ need not conduct another hearing. However, if the ALJ is unable to issue a fully favorable decision based on the information before them, or the ALJ requires more information to make a decision, the ALJ will assess whether another hearing is necessary. The ALJ may find another hearing is necessary if, for example, relevant expert evidence is needed but was not obtained at the hearing, or the ALJ needs additional testimony to fully evaluate a claimant's allegations of pain and other symptoms.

If the ALJ holds a new hearing, the ALJ will consider all pertinent documentary evidence admitted into the record at the prior hearing, the oral testimony at the prior hearing, and the evidence and testimony adduced at the new hearing when making a decision.