Last Update: 7/27/2015 (Transmittal I-2-145)
HA 01290.007 Referring a Request for Reopening When Administrative Law Judge
Does Not Have Jurisdiction to Reopen
Renumbered from HALLEX section I-2-9-7
If the administrative law judge (ALJ) does not have jurisdiction
to reopen and revise a determination or decision, the ALJ will refer a
request to reopen (and any additional evidence) to the component that
has jurisdiction to review the issue. This applies even if it appears
the time period for reopening has elapsed.
There are limited circumstances when it
is more appropriate for the ALJ to treat a request to reopen a final
reconsidered determination as a request for an extension of time to file
a request for an ALJ hearing. For example, this would be appropriate
if the claimant alleges a reason(s) for not appealing the reconsidered
determination that falls within the scope of
20
CFR 404.911 and
416.1411.
In electronic cases, hearing office (HO) staff will add the
request and additional evidence to the claim(s) file and add a message in
eView to notify the component with jurisdiction of the request.
In paper cases, HO staff will forward the request and evidence to
the component with jurisdiction of the request via fax or mail. If the
Appeals Council has jurisdiction, HO staff will send the information
to the branch with jurisdiction. Branch jurisdiction is set forth in
Hearings, Appeals and Litigation Law manual HA 01305.007. The mailing address for the Office
of Appellate Operations is:
Social Security Administration
Office of Appellate
Operations
Attn: [Branch]
6401 Security Blvd
Baltimore, MD 21235-6401