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HALLEX I-2-801

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-801 GENERAL

Citations: Social Security Act 205(b) and 1631(c); > 20 CFR 404.953, > 404.955, 404.985, 410.654, 410.655, 416.1453, 416.1455, 416.1485, 422.406(b)(1), > 42 CFR 498.74

The Administrative Law Judge (ALJ) will complete action on a request for hearing (RH) by issuing a written decision, except when the ALJ dismisses the RH. The written decision may be a final decision or a recommended decision, depending upon the circumstances of the case.

The primary purpose of an ALJ decision is to dispose of all issues raised in connection with the RH. This includes all issues decided unfavorably at the reconsideration level, any additional issues properly raised by the claimant or the ALJ in connection with the RH, and in remanded cases any issues the Appeals Council or a court has directed the ALJ to address.

The ALJ must base the findings of fact and the ultimate decision on evidence received at the hearing or otherwise included in the record. The ALJ must ensure that the decision is:

- correct and legally sufficient;

- logically organized;

- written so that the claimant can understand it; and

- issued as soon as possible after the record is complete.

The ALJ must mail a copy of the decision to the claimant and the representative at their last known address.

"Claimant," as used herein, refers to the party to the initial, reconsidered, or revised determination who has requested a hearing before an ALJ, and any other party to the determination, or person whose rights may be adversely affected by the hearing decision. (See > I-2-145, Parties to the Hearing.)



HALLEX I-2-803

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-803 SOCIAL SECURITY RULINGS AND ACQUIESCENCE RULINGS (ADDED 06/94)

A. Social Security Rulings (SSRs)

SSRs are published under the authority of the Commissioner of Social Security. They make available to the public a series of precedential decisions relating to Federal old-age, survivors, disability, supplemental security income, and black lung programs. SSRs may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner's decisions, Office of the General Counsel opinions, and other policy interpretations of the law and regulations. SSRs are first published in the Federal Register. SSRs are effective upon publication, and the effective date is shown on the first page of each SSR. Although SSRs do not have the force and effect of the law and regulations, they are binding on all SSA components and are to be relied upon as precedents in adjudicating other cases (20 CFR 422.406(b)(1)). An SSR may be superseded, modified, or revoked by later legislation, regulations, court decisions, or rulings.

B. Social Security Acquiescence Rulings (ARs)

ARs are published under the authority of the Commissioner of Social Security. They are first published in the Federal Register and are effective upon publication. The effective date is shown on the first page of each AR.

ARs explain how SSA will apply United States Court of Appeals (circuit court) holdings which conflict with SSA's interpretation of a provision of the Social Security Act or regulations. SSA will apply the circuit court holding as explained in the AR to other cases in the same circuit where the issues involved are the same.

The regulations setting forth the Secretary's acquiescence policy and procedures (> 20 CFR 404.985 and > 416.1485) provide that claimants who receive determinations or decisions during the period of time between the date an adverse circuit court decision is issued and the date SSA publishes an AR in the Federal Register have the right, under the readjudication procedures provided in the regulations, to request application of the published ruling to the determination or decision in his or her case. The individual must first demonstrate that application of the ruling could change the prior determination or decision.

When a claimant or representative claims that a circuit court holding applies to the facts in the claimant's case, the ALJ (or designee) must first determine whether an AR has been published, and then take the following actions:

1. AR Has Been Published

If an AR has been published, the ALJ must obtain a copy and apply it.

2. AR Has Not Been Published

If an AR has not been published, the ALJ must determine whether publication of an AR is under active consideration.

a. Publication of an AR Is Not Under Active Consideration

If an AR has not been published, and publication is not under active consideration, the ALJ will use the following or similar language to explain why the court's decision does not apply:

(The claimant/The claimant's representative) has stated that the_________Circuit's recent decision in ________ v. _______ should be applied in this case and requires a finding that __________. Pursuant to the regulations (> 20 CFR () 404.985 and/or 416.1485), if SSA determines that a circuit court holding conflicts with SSA's interpretation of a provision of the Social Security Act or regulations and the Government does not seek further review or is unsuccessful on further review, SSA will issue a Social Security Acquiescence Ruling (AR). If SSA has not issued an AR, it will apply its interpretation of the law and regulations.

SSA has not published an AR in __________. Accordingly, SSA's interpretation of the law and regulations applies.

b. Publication of an AR Is Under Active Consideration

If an AR has not been published, but publication is under active consideration, the ALJ will substitute the following or similar language for the language in the second paragraph in section a., above, to inform the claimant of his or her rights in the event that an AR is published later:

SSA has not published an AR in ______________. Accordingly, SSA's interpretation of the law and regulations applies.


ARs are generally effective on the date of publication in the Federal Register, and will apply to all determinations and decisions made by SSA within the same circuit on or after that date. If SSA publishes an AR at some future date, pursuant to > 20 CFR [] 404.985 [and/or] 416.1485, the claimant may request application of the published ruling to this case under the readjudication procedures provided in the regulations. The claimant must first demonstrate that application of the published ruling could change the decision.

NOTE: HO staff needing assistance in determining whether an AR has been published or is under active consideration, or in obtaining a copy of a published AR, should contact the Regional Office (RO). RO staff needing assistance should contact the Office of the Chief ALJ's Division of Field Practices and Procedures (DFPP). DFPP staff needing assistance should contact the Division of Litigation Analysis and Implementation (DLAI).

An ALJ should not delay his or her action(s) in a case to await publication of an AR unless DLAI confirms that an AR will be published within a reasonably short period, e.g., SSA has sent the final AR to the Federal Register for printing and publication is expected within a week.

EXCEPTION: The above procedures do not apply to the claims of New York disability claimants who are covered by the court-approved settlement in Steiberger v. Sullivan. [See the June 19, 1992 negotiated settlement (as modified on July 29, 1992); the court-approved Manual of Second Circuit Disability Decisions; the July 2, 1992 teletype from the Director, Litigation Staff, Office of the Deputy Commissioner for Programs; and the Circuit Court Case Reporter (Volume II, Part 1 of HALLEX).]



HALLEX I-2-805

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-805 EFFECT OF AN ADMINISTRATIVE LAW JUDGE'S DECISION

The ALJ's final decision is binding on the claimant unless:

- the claimant requests a review of the decision by the Appeals Council within the stated time period, and the Appeals Council assumes jurisdiction to review the case;

- the claimant requests a review of the decision by the Appeals Council within the stated time period, the Appeals Council denies the request for review, the claimant seeks judicial review of the decision by filing an action in a Federal district court, and the court remands or reverses the decision;

- the decision is revised by the ALJ or by the Appeals Council under the reopening provisions (see > I-2-900, Reopening and Revision);

- the expedited appeals process is used (see > I-2-225, Expedited Appeals Process -- Constitutionality of Statutory Issues);

- the decision is a recommended decision to the Appeals Council; or

- in a case remanded by a Federal court, the Appeals Council assumes jurisdiction under the provisions set forth at sections 404.984 and 416.1484 of the regulations.



HALLEX I-2-810

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-810 FINAL DECISIONS (REVISED 6/96)

When a case is before an ALJ on an RH or on remand from the Appeals Council or a Federal court, the ALJ will, upon completion of all proceedings, issue a final decision unless:

1. the conditions for issuing a recommended decision exist (see > I-2-815 A., Conditions for Issuing a Recommended Decision); or

2. the conditions for issuing a dismissal order exist (see > I-2-405 A., Conditions for Dismissal).

NOTE 1: ALJs will continue to issue recommended decisions in all Black Lung court remand cases.

NOTE 2: The conditions for issuing a dismissal order do not apply in any court remand case.

(See > I-2-812, Expedited Fully Favorable Decisions, > I-2-818, Administrative Law Judge Decisions in Court Remand Cases, and > I-2-825, Writing the Decision.)



HALLEX I-2-812

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-812 EXPEDITED FULLY FAVORABLE DECISIONS (REVISED 6/96)

ALJs must use the expedited fully favorable decision format for all fully favorable disability decisions.

EXCEPTION: Do not use the expedited fully favorable decision format for any allowance decision in which drug addiction or alcoholism (DAA) is an issue. (See HALLEX Temporary Instructions (TI) > I-5-314, Drug Addiction or Alcoholism.)

Office of Hearings and Appeals (OHA) policy permits ALJ use of proposed decisional language submitted voluntarily by claimant representatives as part of their on-going representational responsibilities. (See > I-2-813, Use of Language Supplied by Claimants and Representatives in Preparation of Fully Favorable Decisions.)

An expedited fully favorable decision will not include a standardized statement of the statute or regulations, a summary or recitation of the evidence, a discussion of every conflict in the evidence, or an explanation of every conclusion reached on every issue leading to the ultimate decision.

The expedited fully favorable decision will have four sections:

- Jurisdictional Statement -- This section must show how the case is properly before the ALJ, whether a hearing has been held or the decision is being issued on the record without a hearing, and that the primary issue to be decided is the claimant's disability status.

- Narrative Rationale -- This section must identify and discuss the evidence which supports the conclusion that the claimant is disabled, any significant conflicts on a material issue, and the step(s) of the sequential evaluation process at which disability is established. This section need not address the other steps of the sequential evaluation process (they are addressed in the findings) or reference the statute, regulations or case law.

- Numbered List of Findings -- This section must include findings on all material issues of fact and law, including each step of the sequential evaluation process through the step at which disability is established.

- Summary of the Decision -- This section must state the filing date(s) of the claimant's application(s) and the ultimate conclusion, including the date of disability onset. (See the sample "Decision" paragraph in > I-2-890 Exhibits, Exhibit 9.)

Macros and sample language available in the Hearing Text Guide may be used to draft a numbered list of findings and a summary of the decision.



HALLEX I-2-813

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-813 USE OF LANGUAGE SUPPLIED BY CLAIMANTS AND REPRESENTATIVES IN PREPARATION OF FULLY FAVORABLE DECISIONS (ADDED 6/96)

A. OHA Policy

In order to aid implementation of the Commissioner's Short Term Disability Project Plan, OHA now makes available to all claimants and claimant representatives uniform procedures and guidelines on the submission of proposed decisional language. Use of these procedures is based on the voluntary participation of the claimant or claimant representative, who may submit proposed decisional rationale and proposed findings of fact and conclusions of law in any case and at any time in the hearing process. Unrepresented claimants may submit proposed decisional language on their own behalf or may use the assistance of an advocate for this purpose.

See > I-2-890 Exhibits, Exhibit 9, for an informational flyer which briefly describes the process and OHA's requirements for submitting decisional language. The flyer may be duplicated and mailed to claimants and representatives to ensure that they are apprised of OHA's policy on submitting decisional language. It should also be made available to claimants and representatives along with other bulletins, booklets and notices routinely displayed in each HO's waiting room.

Representatives may not be required to submit proposed narrative rationale, findings of fact, or conclusions of law for use in a decision. OHA policy permits ALJ use of proposed decisional language submitted voluntarily by claimant representatives as part of their on-going representational responsibilities.

B. Guidelines for Applying OHA Policy

Making use of narrative rationale, findings of fact, or conclusions of law submitted by a claimant or representative is permitted when the findings of fact and conclusions of law are the product of the conscientious and independent judgment of the ALJ, and the written rationale supports of the findings and decision. The actual decision in the matter remains that of the ALJ, and the actual preparation of the decision remains the responsibility of the staff attorney and paralegal specialist assigned to the case. The decision writer must ensure that the ALJ's instructions with respect to the rationale, findings and conclusions are accurately reflected in the final draft of the decision.

In order to receive maximum benefit from the use of this practice:

1. HOs should encourage claimants and their representatives, who wish to do so, to provide proposed decisional language in the form of a narrative rationale, a numbered list of findings, and a summary of the decision (see > I-2-812, Expedited Fully Favorable Decisions, and > I-2-890 Exhibits, Exhibit 9).

NOTE: Finding DAA a contributing factor material to the determination of disability precludes a fully favorable decision. (See HALLEX Temporary Instructions (TI) > I-5-314, Drug Addiction or Alcoholism.)

2. In preparing a decision using language provided by a claimant or representative, macros already available in the Hearing Text Guide may be used to draft a numbered list of findings and a summary of the decision.

3. In those cases where claimants or representatives submit proposed decisional language on computer disks, appropriate measures must be taken to protect the HO computer systems from potential damage caused by the use of nongovernment software (e.g., exposure to computer viruses).

4. Any practice of using language from claimants or representatives in the preparation of ALJ decisions must be implemented within the following guidelines:

a. The process must be voluntary for both the claimant or the representative and the ALJ. An ALJ may not order any claimant or representative to submit a proposed decision. Moreover, an ALJ is not required to use language from a claimant or representative, or provide reasons for not using such language, in a decision in any case.

b. The process must be open to represented and unrepresented claimants. Further, if decisional macros are available for representative use, they are to be made available to any unrepresented claimant, upon request. HOs will ensure that each representative and each unrepresented claimant is apprised of procedures for submitting proposed decisional language.

c. The proposed decisional language may be received at any time and at any stage of the proceeding, beginning with the filing of the request for hearing and extending through any post hearing time limit set by the ALJ.

d. Proposed decisional language submitted by a claimant or representative must be reviewed by the HO supervisory staff attorney, or a staff attorney or paralegal specialist designated by the HO supervisory staff attorney, in conjunction with the review of the case for decision writing.

e. The final ALJ decision, in which language proposed by a claimant or representative is used, must comport with OHA's existing instructions with respect to format and legally sufficient rationale and findings.



HALLEX I-2-815

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-815 RECOMMENDED DECISIONS (REVISED 6/96)

A. Conditions for Issuing a Recommended Decision

1. The ALJ must issue a recommended decision if any of the following conditions exist:

a. The Appeals Council has directed the ALJ to issue a recommended decision.

b. The ALJ is prepared to issue a decision on a claimant's application which would conflict with a prior ALJ or Appeals Council decision on another claimant's (adverse party's) application. For example, an ALJ is prepared to issue a decision finding that the claimant is the widow of a deceased wage earner and entitled to benefits. However, in a prior final decision, an ALJ found another person to be the widow of the same wage earner. Thus, the ALJ's decision would conflict with the prior decision. A recommended decision will permit the Appeals Council to consider the combined records and assure that actions on both applications are correct and consistent.

c. The case is a Black Lung claim on remand from a Federal court.

2. An ALJ may issue a recommended decision any time at his or her discretion.

NOTE 1: When an ALJ issues a recommended decision, the Appeals Council will review the recommended decision and issue the final decision of the Commissioner unless the Council remands the case for further action by an ALJ or, in a non-court case, dismisses the request for hearing for any reason the ALJ could have dismissed it.

NOTE 2: ALJs are no longer required to issue recommended decisions when a prior claim is pending judicial review. (See > I-2-816, Administrative Law Judge Decision When a Prior Claim Is Pending Judicial Review.)

B. Format and Content of a Recommended Decision

The format and content of a recommended decision is the same as a final decision except that:

1. the word "RECOMMENDED" is added to the heading of the decision; and

2. the decisional paragraph identifies the decision as a recommended decision.

C. Notice of a Recommended Decision

The notice which transmits the recommended decision to the claimant will advise the claimant that he or she has 20 days from the date of receipt of the recommended decision to file with the Appeals Council briefs, exceptions, or other written statements as to the applicable facts and law.

NOTE: Do not use the preprinted transmittal notice which contains information regarding the right to request review by the Appeals Council.

D. Routing a Recommended Decision

- Prepare an HA-5051 transmittal form by adding the following in the "REMARKS" section:

RECOMMENDED DECISION REFERRED TO APPEALS COUNCIL

- Using the transmittal, send the recommended decision, cassette, and claim file to:

Office of Hearings and Appeals, SSA

Office of Appellate Operations

5107 Leesburg Pike

Falls Church, VA 22041-3255



HALLEX I-2-816

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-816 ADMINISTRATIVE LAW JUDGE DECISION WHEN A PRIOR CLAIM IS PENDING JUDICIAL REVIEW (ADDED 11/92)

If the claimant files a subsequent application after commencing a civil action on a prior claim, the ALJ will limit his or her consideration to the period, if any, following the period undergoing judicial review. The ALJ may establish disability onset as early as the first day following the previously adjudicated period, i.e., the period through the date of the ALJ or Appeals Council decision being reviewed by the court.

If an ALJ makes a favorable decision on the subsequent application, the ALJ or designee will request the effectuating component to forward the file, after effectuation, to the Office of Civil Actions, 5107 Leesburg Pike, Falls Church, Virginia 22041-3200, to determine the impact, if any, of the favorable decision on the pending court case.

If it is unclear whether a prior claim is pending judicial review, the ALJ or designee will call the Office of the General Counsel Docket Section at 410-965-8157, to determine the status of the pending court case.

NOTE: ALJs are no longer required to issue recommended decisions when a prior claim is pending judicial review.



HALLEX I-2-818

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-818 ADMINISTRATIVE LAW JUDGE DECISIONS IN COURT REMAND CASES (REVISED 02/94)

A. General

If a court remands a case to the Secretary, and the Appeals Council subsequently remands the case to an ALJ for further proceedings and a new decision, the Appeals Council will generally vacate the final decision of the Secretary which the court remanded. When the Appeals Council vacates a final decision of the Secretary, the ALJ must consider all pertinent issues de novo. For initial entitlement cases, vacating a final decision "refloats" the application. Accordingly, the ALJ must decide the issues through the date of the new hearing decision or through the date that insured status expired, because the prospective life of the application will continue until the ALJ issues a final decision following the court remand.

Although the ALJ issues a final decision in court remand cases, the Appeals Council retains the authority to assume jurisdiction of the case. If the Appeals Council assumes jurisdiction, it may affirm, modify, or reverse an ALJ's decision. The Appeals Council's decision then becomes the final decision of the Secretary after remand. The Appeals Council may also remand the case to an ALJ for further proceedings.

If the claimant files written exceptions but the Appeals Council concludes that there is no reason to change the ALJ's decision, the Appeals Council will issue a notice to the claimant explaining why it has declined to assume jurisdiction and notifying the claimant that the ALJ's decision is the final decision of the Secretary after remand.

If the claimant does not file timely written exceptions objecting to the ALJ's decision and the Appeals Council does not exercise its authority to assume jurisdiction on its own motion, the ALJ's decision becomes the final decision of the Secretary after remand.

Ordinarily, upon remand from the court and the Appeals Council, the ALJ will hold a hearing and issue a new decision. That decision will become the final decision of the Secretary after remand unless:

1. within 30 days after receipt of the ALJ decision (or within such time as allowed by the Appeals Council in response to a timely request for an extension of time), the claimant submits written exceptions to the Appeals Council objecting to the ALJ's decision and based on these exceptions the Appeals Council assumes jurisdiction of the case;

2. the Appeals Council assumes jurisdiction of the case under its own motion authority within 60 days after the ALJ's decision; or

3. the ALJ issues a recommended decision, in which case the Appeals Council will issue the final decision of the Secretary.

When a court remands a case, sections 205(g) and 1631(c) of the Act require the Secretary to modify or affirm the prior findings of fact or decision. The statute precludes dismissal in a court remand case.

If the claimant fails to appear for the hearing and does not establish good cause for such failure, or asks to withdraw from the claim, the ALJ must issue a decision which documents the facts of the abandonment or withdrawal and the effect the claimant's action has on the proceedings. The decision in such a case must contain the following:

- a statement of the procedural history on remand from the court;

- a discussion of the facts surrounding the conclusion that the claimant has either abandoned or withdrawn the claim (See > I-2-425, Dismissal Due to Claimant's Failure to Appear or see > I-2-420 A., Claimant Voluntarily Withdraws Request for Hearing, respectively);

- a discussion of the supporting documents entered in the record (i.e., notices sent to the claimant, attempts to contact the claimant and/or the representative, and the claimant's statements, if any);

- an explanation that the claimant's action renders the controversy moot, thereby making additional administrative proceedings unnecessary;

- a statement adopting the prior final decision of the Secretary, as modified. (See > I-2-890, Exhibit 8.)

NOTE: The ALJ will not follow the above procedure if the court has held that the claimant is in fact disabled and has remanded the case to the Secretary to determine the onset of disability or if the ALJ determines that the claimant's appearance is not necessary to issue a favorable decision. In such a case, the ALJ will develop the record and comply with the court's order.

B. Hearing Office Action


1. Court Remand Case Flag

The Office of Civil Actions (OCA) in OHA Headquarters processes cases which the Appeals Council receives from the court on remand. When the Appeals Council remands a court case to an ALJ, OCA attaches a pink court remand flag to the claim file (CF) if the CF is available, or attaches it to the certified record if the CF is not available, and completes items 1 - 4 of the flag. (See > I-2-890, Exhibit 1, COURT REMAND CASE FLAG.) When the CF is not available and OCA sends only the flagged certified record to the HO, the HO must remove the flag from the certified record and attach it to the CF when they subsequently receive it.

The Office of Appellate Operations (OAO) in OHA Headquarters processes final and recommended ALJ decisions in court remand cases. If the Appeals Council has remanded a court case to an ALJ, the ALJ has issued a decision, and the Appeals Council decides it is necessary to remand the case to an ALJ a second time, OAO will complete items 1 - 4 of a court remand flag and attach the flag to the CF.

2. Priority Processing of Court Remands

HOs must give priority to court remand cases.

a. Time-Limited Court Remand Case--Highest Priority

In time-limited court remands, the court orders the Secretary to complete specific actions within a set period of time. HOs must give these cases the highest priority in processing.

b. Delayed Court Remand Case--Second Highest Priority

A delayed court remand case is one which is over 125 days old counting from the date of the court's order, or one which the Appeals Council remands to an ALJ a second time. HOs must give these cases the second highest priority.

c. Other Court Remand Cases--Third Highest Priority

HOs must process all other court remands as expeditiously as possible.

3. Initial HO Staff Actions Upon Receipt of Court Remand Case

a. Identify court remand by the pink court remand flag. (See > I-2-890, Exhibit 1, COURT REMAND CASE FLAG.)

b. Enter case into HO Tracking System (HOTS) and into Case Control System (CCS).

c. Establish a 20-day diary for receipt of the CF, if necessary.

d. Call OCA on the telephone number on the route slip if the claim file does not arrive within 20 days.

e. Refer the court remand case to the Supervisory Staff Attorney (SSA) or, in those offices without an SSA, to the designated litigation coordinator, for an analysis of the order.

4. Assignment of Court Remand Cases

The HO Chief ALJ (HOCALJ) will assign the case to the ALJ who issued the hearing decision unless:

a. The court or Appeals Council directed that the case be assigned to a different ALJ; or

b. The HOCALJ, with the concurrence of the Regional Chief ALJ (RCALJ), assigns the case to a different ALJ because:

(1) the ALJ who issued the prior decision has an excessive workload, and will not be able to hear and decide the case to meet a court imposed time limit, if any, or meet established processing time goals for court remand cases; or

(2) another ALJ is scheduled to visit the area where the claimant resides before the ALJ who issued the original decision and will be able to hold a hearing sooner; or

(3) the ALJ who issued the prior hearing decision has left OHA or is unavailable because illness, leave or other prolonged absence from the HO.

When 4.b. (1) or 4.b. (3) applies, the HOCALJ will assign the court remand case to an ALJ in rotation.

5. Processing Time-Limited and Delayed Court Remand Cases

a. The docket clerk will refer these cases to the SSA or Litigation Coordinator immediately after they are logged in.

b. The Supervisory Staff Attorney (SSA) or the designated Litigation Coordinator will:

(1) Review the order.

(2) Obtain any missing documents; e.g., additional evidence which was the basis for the remand, a magistrate's report, or documents from the claimant, representative, or the Office of the General Counsel (OGC). The SSA or the Litigation Coordinator will request the missing document(s) from the source best able to provide it quickly.

(3) Estimate if the HO can process the case within any time limit the court established, and if not, follow the procedures in I-2-818 B.6. below.

(4) Set up a control and designate the priority of the case.

(5) Within 2 working days of receiving the case prepare an analysis of the court order, the Appeals Council order and the facts of the case. Include in the analysis:

(a) Actions the court ordered or the Appeals Council mandated;

(b) Any problem such as a pending motion for contempt of court;

(c) Any special circumstances which require special handling; e.g., travel to a remote site which may affect the HOCALJ's assignment of the case; and

(d) An estimate as to whether the HO can process the case within any court specified time limit. (See I-2-818 B.6. below if the HO needs an extension of time.

(6) Give the analysis and files to the HOCALJ for assignment to an ALJ.


6. Extension of Time

a. OCA requests that the appropriate OGC Social Security Division attorney seek an extension of time if the court-imposed time limit has expired or will expire within 14 days of the date OCA releases the remanded case to the HO.

If the time limit has expired or will expire within 14 days of the date the HO receives the remand, check the folder to determine if OCA requested an extension. If OCA did not request an extension of time, the SSA or designated litigation coordinator, acting on behalf of the ALJ, must notify OGC that the ALJ needs an extension. See > I-2-890, Exhibit 2 for a list of OGC attorneys to call for an extension.

b. In all other court-imposed time-limited cases, if the HO cannot meet the time limit, the SSA or litigation coordinator must request the extension as soon as the need is apparent, but at least 14 days before the due date specified in the court's remand order.

c. The SSA or litigation coordinator must inform the ALJ assigned to the case and the Regional Office that he or she requested an extension.

7. Tracking Time-Limited Court Remand Cases

a. On a biweekly basis OCA sends each Regional Office a list of time-limited remand cases released to the HOs in that Region during that period.

b. Each Regional Office establishes procedures to obtain status reports from the HOs and notifies the HOs of any problems that develop; e.g., the Regional Office becomes aware that the plaintiff (or claimant) is threatening to file a motion to hold the Secretary in contempt of court.

c. Each Regional Office reports to OAO on the status of pending time-limited court remand cases on a biweekly basis, with a copy to the Office of the Chief ALJ.

8. Developing and Scheduling Hearings on Court Remand Cases

a. Develop a court remand case in the same manner as a non-court case except that a court remand case has priority.

b. Schedule a court remand case in the same manner as a non-court case except that a court remand case has priority.

c. Enter on the Notice of Hearing the issues the ALJ will consider.

(1) Identify and enter the issue(s) raised in the court and Appeals Council order.

(2) Enter any new issues not raised in either the court or Appeals Council order.

9. Decisional Paragraphs and Notices

a. Final Decisions

(1) Use the current standardized decisional paragraphs for non-court cases, unless the claimant has abandoned or withdrawn the claim. Use the decisional shell in > I-2-890, Exhibit 7, in that case.

(2) Use the notice in > I-2-890, Exhibit 3, NOTICE OF ADMINISTRATIVE LAW JUDGE DECISION--DENIAL, or Exhibit 4, NOTICE OF FAVORABLE ADMINISTRATIVE LAW JUDGE DECISION.

b. Recommended Decisions

(1) Use the current standardized paragraphs for court cases.

(2) Use form HA-L5022-U6 as the cover notice.

10. Routing and Release Procedures

a. Court Remand Flag

The decision writer completes items 5--7b. of the flag. (See > I-2-890, Exhibit 1, COURT REMAND CASE FLAG.)

b. Transmittal Slip HA-5051

(1) The case disposition data in items 5--7b. of the flag determine routing. (See > I-2-890, Exhibit 5, COURT REMAND CASE ROUTING.)

(2) Once case disposition data are entered into the Hearing Office Tracking System (HOTS), the system sends prompts related to case routing and preparation of a transmittal/routing sheet (i.e., form HA-5051, Transmittal of Decision or Dismissal by Administrative Law Judge.)

(3) Print the HA-5051 at the same time the decision is printed.

(4) If manual preparation of the HA-5051 is necessary:

(a) Follow the case routing instructions in > I-2-890 Exhibits, Exhibit 5, COURT REMAND CASE ROUTING. Refer to > I-4-399, Exhibit CC for destination codes and addresses.

(b) Instruct the effectuating component to forward the CF to OAO after it effectuates the decision if:

- the ALJ issued a partially favorable decision, or

- the ALJ issued a fully favorable decision and the case is from a jurisdiction which requires a certified record even if the decision is fully favorable. Those jurisdictions are the United States District Courts for the Districts of Idaho, Maine, New Hampshire, West Virginia, Wisconsin, and the Eastern Districts of North Carolina and Washington.

11. Release of the Case

Verify that the transmittal slip HA-5051 has been correctly addressed by comparing the address with information on the flag. (> I-2-890, Exhibit 1, COURT REMAND CASE FLAG, and Exhibit 5, COURT REMAND CASE ROUTING.)

a. Release of a Partially or Fully Favorable Decision

(1) If the CF is in the HO:

(a) Send the CF(s) to the effectuating component(s). Follow the non-court case instructions on dividing the cases when the ALJ issues a single decision involving two or more claims.

(b) Return the certified record to OAO with a copy of the decision and the hearing cassette(s) to:

Office of Hearings and Appeals, SSA

Deputy Director for Operations, OAO

5107 Leesburg Pike

Falls Church, VA 22041-3255

(2) If the CF is not in the HO:

(a) Send the certified record and all material related to the proceedings on remand to the effectuating component.

(b) Send a copy of the decision to:

Office of Hearings and Appeals, SSA

Deputy Director for Operations, OAO

5107 Leesburg Pike

Falls Church, VA 22041-3255

(c) Prepare the hearing cassette(s) for mailing, following the procedures in > I-2-850 B., and send the cassette(s) to:

Office of Hearings and Appeals, SSA

Cassette Library, Room 803

5107 Leesburg Pike

Falls Church, VA 22041-3255

b. Release of an Unfavorable Decision

Send the CF, hearing cassette(s), and the certified record to the Deputy Director for Operations, OAO, at the above address. DO NOT SPLIT THE FILES WHEN THERE IS MORE THAN ONE CLAIM.


12. HOTS and the Case Control System

a. Procedures are contained in the HOTS User Manual and the OHA Case Control System Handbook (February 1987 edition).

b. When releasing a case with an unfavorable final decision, enter the location code "5012." This is the code for Docket and Files, which is part of OAO.

c. When releasing a case with a recommended decision, enter the location code "5005." This is the code for OAO.

NOTE: These location codes will distinguish a recommended decision from a final decision following a court remand.

C. Representative Fees

1. Jurisdiction (See I-1-201 A., Authority to Approve Fees.)

a. Office of Appellate Operations (OAO): The Attorney Fee Officer in OAO has jurisdiction to authorize a fee when the Appeals Council issues a final decision following an ALJ recommended decision or the Appeals Council assumes jurisdiction of an ALJ decision.

b. Administrative Law Judge or Regional Chief Administrative Law Judge (RCALJ): The ALJ who issued the decision which became the final decision of the Secretary after remand has jurisdiction to authorize a fee up to and including $5,000, or recommend that the RCALJ authorize a fee in excess of that amount.

c. Office of the General Counsel (OGC): OGC has jurisdiction to process requests under the Equal Access to Justice Act (EAJA). (See > I-1-270, Equal Access to Justice Act.)

2. Services Considered

In setting the fee, do not consider services performed before the court. (See > 20 CFR 404.1728(a) and > 416.1528, and > I-1-240, Evaluating Fee Petitions.)

EXCEPTION: Title II cases in the Sixth Circuit (Michigan, Ohio, Kentucky and Tennessee). (See Acquiescence Ruling > 87-1(6).)

3. Distribution of Fee Authorization Forms

a. Distribute the fee authorization, Form HA-L530-U5, in the same manner as for a non-court case; and

b. Send a copy of the fee authorization, Form HA-L530-U5, to:

Office of the General Counsel

Attention: Marsha Cohen

Room 639, Altmeyer Building

6401 Security Boulevard

Baltimore, Maryland 21235

OGC requests that OHA send the copies of the fee authorizations in batches. Regional and Hearing Offices in Regions 1, 2, 3, and 4 must forward copies of fee authorization forms to OGC on the first work day after the 15th of every month. Regional and Hearing Offices in all other Regions must forward copies of fee authorization forms to OGC on the first work day of every month.



HALLEX I-2-820

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-820 INSTRUCTIONS TO DECISION WRITERS

When assigning a case to a decision writer, the ALJ is responsible for providing clear directions on the rationale supporting the resolution of each issue necessary to reach the ultimate conclusion.

The ALJ's instructions must cite the pertinent evidence or testimony and any observations or comments regarding credibility.



HALLEX I-2-825

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-825 WRITING THE DECISION (REVISED 04/93)

A. General

Sections 205(b)(1), 1631(c)(1), and 1869(b) of the Act direct the Secretary of Health and Human Services to make findings of fact and decisions as to the rights of any individual applying for benefits.

B. Decision Identification

At the beginning of every decision, the Administrative Law Judge (ALJ) must identify the claimant (by name and Social Security number); the wage earner (by name and Social Security number) if the claimant and wage earner are not the same person; and the type of claim being decided, e.g., a claim for "Period of Disability and Disability Insurance Benefits."

If the decision is a recommended decision, the ALJ must add "RECOMMENDED" (in capitals) above the word "DECISION." In the decision, the ALJ must not use the case control system abbreviations; e.g., "SSDC," "DIWC," etc., when describing the type of claim.

If the decision is either partially or fully favorable, the ALJ must indicate "EFFECTUATION NECESSARY" in the upper right corner of the first page of the original and all copies of the decision except the claimant and representative copies.

C. Content and Format

The decision must state why the case is before the ALJ for a decision; provide the rationale for the ALJ's findings on the relevant issues and the ultimate decision; list the ALJ's findings on the relevant issues; and state the ALJ's ultimate decision in a decisional paragraph which includes the relevant dates.

1. The first part of the decision should explain why the case is before the ALJ for a hearing, provide other relevant background information, and indicate the ALJ's ultimate conclusion, by including the following:

a. The procedural history of the case.

b. Specific information as to whether the claimant was represented at the hearing, and whether an interpreter was used, or whether the claimant waived the right to a hearing and the decision is being issued "on the record."

c. A statement of the issue(s) to be resolved, framed as specifically as possible.

d. A statement of the ultimate conclusion in the case.

2. The second part of the decision should provide the rationale for the ALJ's findings on the relevant issues and the ultimate conclusion, by including the following as applicable:

a. An explanation of the findings on each issue leading to the ultimate conclusion.

b. Appropriate reference to the applicable statutes, regulations and Social Security Rulings. Do not use boilerplate recitations of the law and regulations.

c. A discussion of the weight assigned to the various pieces of evidence in resolving conflicts in the overall body of evidence; e.g., conflicts between treating and nontreating sources, including a statement of which evidence is more persuasive and why.

d. Resolution of all subjective allegations, especially those regarding symptoms, and an assessment of the credibility of the evidence.

e. Any required specific language; e.g., acknowledgment of the shifting burden of proof (see f. below), the treating physician rule, etc., as well as an explanation of how the ALJ applied the case law contained in such statements.

f. In disability cases, an assessment of the case using the sequential evaluation process.

If the case is decided at the fifth, and final step of the sequential evaluation process, include the following statement, or an equivalent statement, explicitly acknowledging that the burden of showing that the claimant can perform other work shifts to the Secretary:

Once a claimant has established that he or she has no past relevant work or cannot perform his or her past relevant work because of his or her impairments, the burden shifts to the Secretary to show that there are other jobs existing in significant numbers in the national economy which the claimant can perform, consistent with his or her medically determinable impairments, functional limitations, age, education and work experience.

Acknowledgement of the shifting burden is addressed in Appeals Council Interpretation (ACI) > II-5-303.

g. In all favorable title XVI disability decisions involving DA/A, the rationale must reflect the ALJ's determination as to whether DA/A is a contributing factor material to the finding of disability. If the ALJ finds that DA/A is a contributing factor material to the finding of disability, the rationale paragraph must state that the claimant is a medically determined drug addict or alcoholic pursuant to > 20 CFR 416.935.

3. The third part of the decision should provide findings that outline the issues that have been resolved and explained in the rationale. This part should include the following as applicable:

a. Findings on any pertinent threshold issues; e.g., insured status, age, dependency, relationship, etc.

b. In disability cases, all findings required by the sequential evaluation process.

c. Findings on the claimant's subjective complaints of pain and other symptoms.

d. All findings required by the courts.

e. In all favorable title XVI disability decisions involving DA/A as a contributing factor material to the finding of disability, the ALJ must make a specific enumerated finding to this effect, stating that the claimant is a medically determined drug addict or alcoholic pursuant to > 20 CFR 416.935.


NOTE: The ALJ should refer to the pertinent regulations to ensure that all issues that must be resolved in a certain type of claim have been addressed.

4. The fourth part of the decision should provide the ALJ's ultimate conclusion in the case. The decisional paragraph should be written in language which is brief and to the point.

5. In all favorable title XVI disability cases involving DA/A as a contributing factor material to the finding of disability, the decisional paragraph must include the DA/A language dealing with treatment and representative payee provisions.

D. Language and Style

- The ALJ must write the decision so that the claimant can understand it. This is particularly important if the claimant does not have a representative.

- The ALJ must not cite medical texts and medical publications as the authority for resolving any issue. If it is necessary to refer to a medical text or medical publication, the ALJ must submit the material to the claimant or the representative for review and comment, and make the material a part of the record.

- The ALJ must avoid using non-prescribed standardized language; i.e., boilerplate, in the rationale.

- The ALJ must not use emotionally charged words; e.g., "malingerer," "hypochondriac," etc.

- The ALJ must not use the decision as a forum for criticizing other government components, the courts, the representative or the claimant.

- The ALJ must proofread the decision carefully and verify that all dates, Social Security numbers, and citations are accurate.



HALLEX I-2-830

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-830 DECISION OF DISABILITY CLAIM APPEALED TO ADMINISTRATIVE LAW JUDGE ON NONDISABILITY ISSUE (REVISED 09/91)

When a claim for disability benefits is denied initially and on reconsideration because a nondisability factor of entitlement (or SSI eligibility) is not met and the State agency has not made a disability determination, the ALJ must decide whether to issue a decision on the disability issue, depending upon the circumstances in the case.

- If the ALJ finds favorably on the nondisability issue and the medical evidence in the file warrants a fully favorable decision on the issue of disability, the ALJ will issue a decision addressing all issues.

- If there is insufficient evidence in the record to make a finding on the issue of disability, or if the available evidence indicates that a less than fully favorable decision is warranted, the ALJ will state in the decision that a finding on the issue of disability is not being made, and that the case will be returned to the State agency for a disability determination. Refer to the Directory of State Agencies for the appropriate State agency and address.



HALLEX I-2-835

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-835 DECISION WHEN EVIDENCE CONTAINS DEROGATORY, HARMFUL OR PROVOCATIVE LANGUAGE

A. General

If the evidence contains language that might be derogatory, harmful or offensive to the claimant, the Administrative Law Judge (ALJ) must write the decision with special care. While the ALJ must give the claimant a clear and complete explanation of the reasons for reaching the ultimate conclusion regarding entitlement, the ALJ must write the decision so as to avoid, as much as possible, harming the claimant. For example, when writing the decision, the ALJ must:

1. Avoid using emotionally charged words, pejorative terms, and personal judgments or opinions, even if the harmful language appears in evidence or testimony. If the ALJ wishes to cite such evidence, it should be paraphrased.

2. Exercise discretion in delicate situations. For example, the evidence indicates that the claimant may be suicidal, denies the presence of a mental impairment, or has a terminal illness but has not been informed of that fact.

B. Transmittal of Decision Which Might Have Detrimental Effect--Claimant Is Represented

If there is information in the decision which might be harmful, and the claimant is represented, the ALJ will:

1. send a copy of the decision to the representative only;

2. send an abbreviated/short-form decision to the claimant; and

3. enter the following or similar language on the bottom right side of the form transmitting the decision to the representative:

I have furnished an abbreviated copy of this decision to the claimant because the complete decision contains information which may be harmful to the claimant's health. Therefore, I suggest that you discuss only the general content of the decision with the claimant.

C. Transmittal of Decision Which Might Have Detrimental Effect--Claimant Is Not Represented

If there is information in the decision which might be harmful, and the claimant is not represented, the ALJ must contact the claimant's spouse, other family member, or treating physician for guidance. As a rule, the ALJ will send the claimant an abbreviated decision, and send the full decision to one of the individuals mentioned above.



HALLEX I-2-837

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-837 DECISION WHEN CLAIMANT DIES

A. Claimant Dies Before ALJ Holds the Hearing

If the claimant dies before the ALJ holds a hearing, review the claim file (CF) to see if it indicates that there is another party who may be adversely affected by the determination to be reviewed at the hearing. (See > I-2-150, Death of Claimant.)

1. If there is no other party who may be adversely affected by the determination, or such a party exists but has stated in writing that he or she does not wish to pursue the claim, the ALJ may dismiss the RH. (See > I-2-435, Dismissal Due to Death of a Claimant.)

2. If there is another party who may be adversely affected by the determination, and the party has stated in writing that he or she wishes to pursue the claim, the ALJ will schedule and hold a hearing.

B. Claimant Dies After ALJ Holds the Hearing and the Record is Complete

If the claimant dies after the hearing is held and the record is complete, the ALJ will issue a decision in the usual manner.

- If the name and address of the deceased claimant's next of kin is known, send the deceased claimant's copy of the decision to that person.

- If the name and address of the deceased claimant's next of kin is not known, send the deceased claimant's copy of the decision to "Next of Kin of (name of deceased claimant)," at the deceased claimant's last known address.

C. Deceased SSI Claimant Authorized Interim Assistance Reimbursement to a State

If a deceased SSI claimant authorized interim assistance reimbursement to a State, the ALJ must issue a decision. (See > I-2-435 B., Dismissal Due to Death of a Claimant, Title XVI Cases.)



HALLEX I-2-840

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-840 ADMINISTRATIVE LAW JUDGE CONDUCTS HEARING BUT IS UNAVAILABLE TO ISSUE DECISION

When an Administrative Law Judge (ALJ) who conducted a hearing in a case is not available to issue the decision because of death, retirement, resignation, prolonged leave of 30 or more days, etc., the Hearing Office Chief ALJ will reassign the case to another ALJ. The ALJ to whom the case is reassigned will review the record and determine whether or not another hearing is required to issue a decision. The ALJ's review will include all of the evidence of record, including the cassette recording of the hearing.

1. If the ALJ is prepared to issue a fully favorable decision, another hearing would not be necessary.

2. If the ALJ is prepared to issue a less than fully favorable decision, another hearing may be necessary. For example, another hearing would be necessary if relevant vocational expert opinion was not obtained at the hearing, or the claimant alleges disabling pain, and the ALJ believes the claimant's credibility and demeanor could be a significant factor in deciding the case.

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.



HALLEX I-2-842

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-842 ADMINISTRATIVE LAW JUDGE APPROVES FINAL DECISION DRAFT BUT IS UNAVAILABLE TO SIGN DECISION

When an ALJ has approved a final decision draft but is unavailable to sign the final decision, the ALJ's signature, with the ALJ's approval, may be affixed to the decision.



HALLEX I-2-845

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-845 HEARING OFFICE TRACKING SYSTEM (HOTS) CASE ROUTING (REVISED 02/94)

Once case disposition data are entered into HOTS, the system sends prompts related to case routing and preparation of a transmittal/routing sheet (i.e., form HA-5051, Transmittal of Decision or Dismissal by Administrative Law Judge). The operator's primary responsibility is to accurately key the information requested. For additional information, refer to the HOTS User Manual, Part 2--HOTS INPUTS, Disposition/Routing, or consult the Hearing Office Systems Administrator.

If manual preparation of the HA-5051 is necessary, see > I-4-399 Exhibit CC for destination codes and addresses.

If the claim is for both title II and title XVI benefits; the claimant lives in Delaware, New Jersey, Pennsylvania, or the Virgin Islands; and the ALJ decision is favorable, annotate "Mazza Case" in the remarks section of the HA-5051. See Acquiescence Ruling > 92-1(3), Mazza v. Secretary of Health and Human Services.



HALLEX I-2-850

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-850 PROCEDURES FOR HANDLING HEARING CASSETTES (REVISED 02/94)

A. Unfavorable Decisions, Dismissals, and Recommended Decisions

When sending an ALJ's unfavorable decision, dismissal or recommended decision with the CF to OHA Headquarters, leave the cassette(s) in the Cassette Storage Envelope on the left side of the CF. (See > I-2-818 B. 11., for cassette handling procedures in court remand cases, and > I-2-890 Exhibits, Exhibit 6, Cassette Handling Desk Guide.)

B. Fully or Partially Favorable Decisions (Except in Medicare Part A benefit reimbursement (HIA) cases, Part B benefit reimbursement (HIB) cases, or health insurance provider (HIP) cases--see C. below.)

When sending an ALJ's favorable decision to the effectuating component, remove the hearing cassette(s) from the Cassette Storage Envelope, return the Cassette Storage Envelope to the left side of the CF, and:

1. Ensure that each cassette is clearly labeled with:

a. Claimant's or Appellant's Name;

b. Wage Earner's or Beneficiary's Name;

c. Social Security Number (SSN);

d. Hearing Held Date;

e. Cassette Number and Number of Cassettes (e.g., 1 of 1; and 1 of 3, 2 of 3, and 3 of 3).

2. Prepare a Hearing Office Cassette Transfer Packing List (See > I-2-890 Exhibits, Exhibit 7.) On each list show the HO name and code, and for each case on the list show:

a. Claimant's or Appellant's Name;

b. SSN;

c. Hearing Held Date; and

d. Number of Cassettes.

3. Pack the cassettes in a box, and place a copy of the Hearing Office Cassette Transfer Packing List inside the box on top of the cassettes. Use small sturdy cartons and sufficient packing material, such as shredded or crumpled paper, to avoid damage to the cassettes during mailing. HOs mailing only a small number of cassettes daily may prefer to use the large "jiffy" bags designed for cassette mailing.

4. Mail the boxed cassettes daily to: Social Security Administration, Office of Hearings and Appeals, Cassette Library, Room 803, 5107 Leesburg Pike, Falls Church, Virginia 22041-3255.

NOTE: Do not send any hearing cassette outside OHA, unless the cassette is in a Medicare HIA, HIB or HIP case. (See C., below.)

In a split title II and title XVI case, always send the hearing cassette(s) with the unfavorable decision case.

See also > I-2-818 B. 11., Release of the Case (i.e., a court remand case), and > I-2-890 Exhibits, Exhibit 6, Cassette Handling Desk Guide.)

C. Medicare HIA, HIB and HIP Cases

In HIA, HIB and HIP cases, leave the cassette(s) in the Cassette Storage Envelope on the left side of the CF, regardless of whether the ALJ's action is favorable or unfavorable, or whether the CF is being sent to an effectuating component or to OHA Headquarters.



HALLEX I-2-855

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division II: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 30, 1994

Current through June 1997

I-2-855 DECISION RETURNED AS UNDELIVERABLE (ADDED 11/93)

When the Post Office returns a claimant's Notice of Decision and Decision as undeliverable (e.g., the claimant moved and left no forwarding address), the Hearing Assistant or other designated person will:

1. telephone the claimant's representative, if any, or send a brief memorandum to the field office servicing the claimant's last known address requesting the claimant's new address;

2. prepare a new Notice of Decision, when the new address is known. Use the current date and language that informs the claimant the decision previously was undeliverable and that the time period for appeal begins with receipt of the new notice; and

3. transmit the decision, using the new notice, following the usual procedures.

If all attempts to obtain the claimant's new address are unsuccessful, forward the original undelivered envelope, the Notice of Decision and Decision with documentation of all attempts to obtain the new address (e.g., copies of correspondence and reports of telephone contacts) to the appropriate location for association with the claim file. These documents may be helpful in determining the action to take if the claimant later inquires about the case.

If the Post Office returns the representative's copies of the Notice of Decision and Decision, send the copies to the claimant with a cover letter explaining that the Post Office returned the representative's copies as undeliverable.

Forward the original undelivered envelope and a copy of the cover letter to the appropriate location for association with the claim file. These documents may be helpful in determining the action to take if the representative later inquires about the case.



HALLEX I-2-890

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Administrative Law Judge Decisions

Chapter: I-2-800

June 25, 1996

Current through June 1997

I-2-890 EXHIBITS

EXHIBIT I

COURT REMAND CASE FLAG

(Attach Flag to Claim File When It Is Available)

(OCA or OAO Completes Items 1 - 4)

1. Jurisdiction ____Date of Court's Remand Order ___

2. Time Limit? (Circle one) YES NO

If YES, specify the action required _________________

Due Date _____________ Hearing Office notified? YES

3. Delayed Case? (Circle one) YES NO

4. Does this jurisdiction* require a certified record even if the decision is fully favorable? YES ___ NO ___

* USDCs for Idaho, Maine, New Hampshire, West Virginia, Wisconsin, E.D. of North Carolina, E.D. of Washington

IDENTIFICATION OF DECISION

(HO Litigation Coordinator Completes Items 5, 6 and 7)

5. Claim type: ____ (e.g., SSDC, DIWC, DIWW, etc.)

6. Nature of the Decision(s):Route to:

___ Unfavorable Office of Hearings and Appeals

Office of Appellate Operations

5107 Leesburg Pike

Falls Church, VA 22041-3255

___ Fully Favorable or

Partially Favorable (Effectuating Component -- Same as a non-court case)

7a. Is the decision fully favorable, and

is the answer to item 4 above "yes?" YES NO

7b. Is the decision partially favorable? YES NO

If either 7a or 7b is YES, the hearing office must enter the following remark on the route slip:

After effectuation, send the file (and hearing cassette, if any) to the Office of Appellate Operations, 5107 Leesburg Pike, Falls Church, VA 22041-3255

Call your Regional Office if you have any questions about routing court remand cases.

A. Attaching Flag

The purpose of the flag is to alert the hearing office (HO) staff to a court remand and bring to the ALJ's attention any special requirements in the remand. The flag will also alert the effectuating component that the case is a court remand and that it must send the file to the Office of Appellate Operations (OAO) after effectuating the decision.

The Office of Civil Actions (OCA) will complete items 1 - 4 on the flag and attach it to the certified record of the administrative proceedings, or to the claim file if it is available, when it sends the court remand to the HO Chief ALJ. If the court case is an Appeals Council re-remand, OAO will attach the flag.

B. Completing the Flag -- Hearing Office Actions

ATTACH FLAG TO CLAIMS FILE WHEN THE HO RECEIVES THE FILE

The HO office litigation coordinator completes items 5, 6 and 7 of the flag. These items identify the type of case to ensure that we route it correctly.

Item 5: Enter the claim type. This information is on the SSADARS coding sheets.

Item 6: Check the nature of the decision (i.e., unfavorable, fully favorable, or partially favorable). In some situations, you must check more than one block. For example, if you have an unfavorable title II disability decision combined with a fully favorable title XVI disability decision, you would check both unfavorable and fully favorable, split the files and route them separately to the appropriate components.

NOTE: In all cases involving adverse parties, you must check "unfavorable."

Items 7a and 7b:

Circle "YES" or "NO" on 7a and 7b.

If either 7a or 7b is YES, the HO must enter the special remark on the transmittal slip (HA-5051). The required remark is contained in the Automated Case Routing System. It should not be necessary to manually enter the remark on the route slip.

NOTE: The HO is responsible for alerting the effectuating component that it must return the file to OAO for preparation of the certified record of the administrative proceedings on remand. This is necessary in all cases with partially favorable decisions and in all cases in the jurisdictions listed in item 4 regardless of the type of the decision.

If both 7a and 7b are NO, no special remark is needed on the HA-5051.

EXHIBIT 2

OFFICE OF THE GENERAL COUNSEL

Office of General Counsel (OGC) mailing address for critical material is:

Social Security Administration

Office of General Counsel

P.O. Box 17054

Baltimore, MD 21235

Telecopy #: FTS 625-9957


Verify #: FTS 625-6607

Disability Litigation Branch

A. George Lowe Branch Chief FTS 625-3177

Marsha Cohen General and Dockets FTS 625-3184

Margaret Handel Paralegal FTS 625-8140

KY, NC, SC, TN, WI

Overall Coordination

of Paralegal Activities

Section A (HHS Regions III, IV, V, VI, VII, VIII, IX)

Marlene Heiser Section Chief FTS 625-3203

Nellie Hutt AZ, GUAM, HI, IA, ND, SD FTS 625-3320

Joel Spivack CA FTS 625-3180

Esther Scherb ED AR, MN, MO, NV FTS 625-3190

Ramona Bell KS, LA, MS, NM, OK FTS 625-3180

Larry Levey WD AR, NB, TX FTS 625-3460

Paralegals

Gloria Jiggetts AR, GUAM, IA, LA, MN FTS 625-8138

MS, NB, NV, ND, OK, SD

Rhonda Wilson AZ, CA, HI, KS, MO, NM, TX FTS 625-8136

Section B (HHS Regions I, III, IV, V)

Etzion Brand Section Chief FTS 625-3181

George Davidson MA, ME, WD MI, SD OH FTS 625-3454

Carlotta Wells CT, IL, ND OH, VT FTS 625-3209

Donna Fuchsluger IN, RI, NH, WI FTS 625-3192

Dean Landis PR, VA FTS 625-3197

Christa McGill ED MI FTS 625-3201

Paralegal

Joseph Warga ND IL, ME, ED MI, NH, FTS 625-8137

ND OH, SD PR, RI, VT

Section C (HHS Regions II, III, IV)

Etzion Brand Acting Section Chief

Kathleen Buckner DE, ED PA, WD PA FTS 625-3202

Stuart Besser NJ, ND NY, WD NY FTS 625-3194

Lawrence Meister ED NY, MD PA FTS 625-3196

Robert Crowe DC, WV FTS 625-3453

Paralegals

Carol Jenkins DE, DC, MA, ED NY, WE MI FTS 625-8133

PA, VI, WV

Carolyn Hughes CT, CD IL, SD IL, MD, NJ, FTS 625-8134

ND NY, SD NY, WD NY, VA

Section D (HHS Regions III, IV, VIII, X)

Marlene Heiser Acting Section Chief

Donal Romano SD NY, VI FTS 625-3185

Carl Hill MD FL, KY, TN FTS 625-3182

Nigel Jamieson AK, CO, ND FL, ND GA FTS 625-3207

ID, MT, OR, UT, WA, WY

Russell Shultis AL, MD GA, SD GA, SC FTS 625-3183

Darlynda Bogle SD FL, MD, NC FTS 625-3186

Paralegal

Philip Harrison AL, AK, CO, FL, GA, ID FTS 625-8132

IN, MT, OR, UT, WA, WY

Secretaries

Terri Barnes FTS 625-3179

Leslie Brunson FTS 625-3200

Janet Gregg FTS 625-3451

Janis Hicks FTS 625-3206

Marilyn Johnson FTS 625-7380

Lynn Kates FTS 625-3177

Karen Mason FTS 625-4227

Barbara McConaughey #FTS 625-3166

Sheila Pashen FTS 625-8131

Cathy Reeder FTS 625-3211

Patricia Scott FTS 625-3452

Juanita Thornton FTS 625-3450

Gladys Watson FTS 625-4228

Alma Williams FTS 625-8130

Retirement, Survivors and Supplemental

Assistance Litigation Branch

John Sacchetti Chief FTS 625-3169

Stanley Ericsson 6 & 9 Cir. FTS 625-3173

Ira Ziporkin 3 & DC Cir. FTS 625-3171

Gabriel DePass 4 & 10 Cir. FTS 625-3165

Claire Hoffman 7 & 8 Cir. FTS 625-3167

Karen Cornick-Dandridge 5 & 11 Cir. FTS 625-3465


Robin Kaplan 6 & 9 Cir. FTS 625-3462

Mark Ledford 6 & 9 Cir. FTS 625-3459

Linda McIntyre 1 & 2 Cir. FTS 625-3172

Paralegals

Sandra Harrison A - M FTS 625-3456

Nona Brooks N - Z FTS 625-3170

Secretaries

Nancy Marsh FTS 625-3169

JoAnn Henry #FTS 625-3167

Docket Staff

Robert Longo Class Actions Plus NJ FTS 625-8157

Linda Bembow AZ, Guam, IL, IA, KS, LA, FTS 625-8154

MS, NB NV, ND, OK, SD

Judy Scheuing CA, NH, ND OH, OR, RI FTS 625-8146

Donna Connolly AR, CT, GA, HI, MN, NM, TX FTS 625-8151

Eleanor Shelton IN, MA, MI, SD OH FTS 625-8150

Florriet Nelson PA, VA, WV FTS 625-8148

Betty Handwerger ME, NY, PR, VI FTS 625-8153

Gail Weimer FL, KY, MD, MO, NC, TN FTS 625-8142

Desiree Upshur AL, AK, CO, DE, ID, MT, FTS 625-8156

SC, UT, VT, WA, WI, WY

EXHIBIT 3

NOTICE TO TRANSMIT UNFAVORABLE ALJ DECISION IN COURT REMAND CASE

NOTICE OF ADMINISTRATIVE LAW JUDGE DECISION -- DENIAL

PLEASE READ CAREFULLY

Name of Claimant

Street Address

City, State ZIP

Enclosed is the Administrative Law Judge's decision on your claim. This notice gives you information about what you can do if you disagree with the decision. Please read this notice and the decision carefully.

If You Disagree With This Decision

If you disagree with the Administrative Law Judge's decision, you may appeal to the Appeals Council. You must do this by filing written exceptions. Exceptions are your statements explaining why you disagree with the decision of the Administrative Law Judge.

- Mail the written statement of your exceptions to the Appeals Council, Office of Hearings and Appeals, 5107 Leesburg Pike, Falls Church, VA 22041-3255.

- You must file your written exceptions within 30 days from the date you receive this notice. The Appeals Council assumes that you receive this notice within five days after the date at the end of this notice unless you show that you did not receive it within the five-day period.

- If you need more time to file your written exceptions, you must file a written request for additional time with the Appeals Council within 30 days of the date you receive this notice. If you request more than a 30-day extension of time, you must explain why you need the extra time.

- Please include the Social Security number(s) shown on the decision on any paper you send to the Appeals Council.

- The Appeals Council will consider your exceptions and the parts of the decision that you disagree with. The Appeals Council may also consider those parts which you do not disagree with.

- If the Appeals Council concludes that further action is necessary, it will either return your case to an Administrative Law Judge for further action or issue a decision. If the Appeals Council issues a decision, that decision may be either more or less favorable to you than the decision of the Administrative Law Judge.

- If the Appeals Council concludes that there is no reason to change the Administrative Law Judge's decision, it will notify you in writing why your exceptions do not warrant a change.

- If you submit written exceptions and the Appeals Council does not change the decision of the Administrative Law Judge, that decision becomes the final decision of the Secretary after remand.

- Any future claim you may file will not change a final decision on this claim if the facts and issues are the same.

If You Do Not File Written Exceptions

Even if you do not file exceptions within 60 days from the date shown below, the Appeals Council may review your case on its own motion. The Appeals Council will notify you if it decides to review your case and will advise you what action it proposes to take.

If the Appeals Council does not review your case on its own motion and you do not submit exceptions, we will forward a copy of the decision and transcript of the record in your case to the United States Attorney, for filing with the court.

You have the right to pursue your civil action with the court.

New Application

You have the right to file a new application at any time, but filing a new application is not the same as filing exceptions to this decision. You might lose benefits if you file a new application instead of filing written exceptions to this decision. Therefore, if you disagree with this decision, you should file your exceptions within 30 days.


If you have any questions, please contact your local Social Security office. If you visit, please bring this notice and decision with you.

This notice and enclosed copy of decision

mailed __________________.

EXHIBIT 4

NOTICE TO TRANSMIT FULLY OR PARTIALLY FAVORABLE ALJ DECISION IN COURT REMAND CASE

NOTICE OF FAVORABLE ADMINISTRATIVE LAW JUDGE DECISION

PLEASE READ CAREFULLY

Name of Claimant

Street Address

City, State ZIP

Enclosed is the Administrative Law Judge's decision on your claim. This notice gives you information about what you can do if you disagree with the decision. Please read this notice and the decision carefully.

This Decision is Favorable To You

- Another office of the Social Security Administration will process the decision and will send you a notice about your benefits. Your local Social Security office or another Social Security office may ask you for more information before you receive the notice about your benefits. If this happens, please answer promptly.

- You should hear something about this decision within 60 days. If you do not, contact your local Social Security office.

If You Disagree With This Decision

If you disagree with the Administrative Law Judge's decision, you may appeal to the Appeals Council. You must do this by filing written exceptions. Exceptions are your statements explaining why you disagree with the decision of the Administrative Law Judge.

- Mail the written statement of your exceptions to:

Appeals Council, Office of Hearings and Appeals

5107 Leesburg Pike

Falls Church, VA 22041-3255

- You must file your written exceptions within 30 days from the date you receive this notice. The Appeals Council assumes that you receive this notice within five days after the date shown on it unless you show that you did not receive it within the five-day period.

- If you need more time to file your written exceptions, you must file a written request for additional time with the Appeals Council within 30 days of the date you receive this notice. If you request more than a 30-day extension of time, you must explain why you need the extra time.

- Please include the Social Security number(s) shown on the decision on any paper you send to the Appeals Council.

- The Appeals Council will consider your exceptions and the parts of the decision that you disagree with. The Appeals Council may also consider those parts which you do not disagree with.

- If the Appeals Council concludes that further action is necessary, it will either return your case to an Administrative Law Judge for further action or issue a decision. If the Appeals Council issues a decision, its decision may be either more or less favorable to you than the decision of the Administrative Law Judge.

- If the Appeals Council concludes that there is no reason to change the Administrative Law Judge's decision, it will notify you in writing why your exceptions do not warrant a change.

- If you submit written exceptions and the Appeals Council does not change the decision of the Administrative Law Judge, that decision becomes the final decision of the Secretary after remand.

- Any future claim you may file will not change a final decision on this claim if the facts and issues are the same.

If You Do Not File Written Exceptions

Even if you do not file exceptions, within 60 days from the date shown below the Appeals Council may review your case on its own motion. The Appeals Council will notify you if it decides to review your case, and will advise you what action it proposes to take.

If the Appeals Council does not review your case on its own motion and you do not file exceptions, we will forward a copy of the decision and transcript of the record in your case to the United States Attorney, for filing with the court when required. You have the right to pursue your civil action with the court.

New Application

You have the right to file a new application at any time, but filing a new application is not the same as filing exceptions to this decision. You might lose benefits if you file a new application instead of filing written exceptions to this decision. Therefore, if you disagree with this decision, you should file your exceptions within 30 days.

If you have any questions, please contact your local Social Security office. If you visit, please bring this notice and decision with you.

This notice and enclosed copy of decision mailed ___________________.

EXHIBIT 5

COURT REMAND CASE ROUTING


A. Final Decisions

DECISION CASE TYPE: ROUTE TO:

ALL unfavorable decisions Office of Appellate

Operations

and 5107 Leesburg Pike

ALL cases with adverse Falls Church, VA

22041-3255

parties

ALL partially favorable Effectuating Component

decisions*

ALL fully favorable Effectuating Component

decisions*

* If the decision is partially favorable, or the

decision is fully favorable and the case is from a

court named below, the transmittal slip must contain

the following remark:

After effectuation, send the file to:

Office of Appellate Operations

5107 Leesburg Pike

Falls Church, Virginia 22041-3255.

Items 1, 4 and 7 of the Court Remand Flag will alert the hearing office to the need for the remark.

The following United States District Courts require us to prepare a certified record of the administrative proceedings on remand in all cases:

USDCs for Idaho, Maine, New Hampshire, West Virginia, Wisconsin, E.D. of North Carolina, E.D. of Washington

B. Recommended Decisions

DECISION CASE TYPE: ROUTE TO:

ALL recommended decisions Office of Appellate Operations

5107 Leesburg Pike

Falls Church, VA 22041-3255

IF MANUAL PREPARATION OF THE HA-5051 IS NECESSARY, SEE HALLEX > I-4-399, Exhibit CC, FOR DESTINATION CODES AND ADDRESSES.

IF YOU HAVE ANY QUESTIONS ABOUT ROUTING A COURT REMAND CASE, CALL YOUR REGIONAL OFFICE.

EXHIBIT 6

CASSETTE HANDLING DESK GUIDE

I. Unfavorable Decisions, Dismissals, and Recommended Decisions

When sending an ALJ's unfavorable decision, dismissal or recommended decision with the claim file (CF) to OHA Headquarters, leave the cassette(s) in the Cassette Storage Envelope on the left side of the CF.

II. Favorable (Fully or Partially) Decisions (Except in Medicare HIA, HIB, and HIP cases -- see III. below.)

When sending an ALJ's favorable or partially favorable decision to the effectuating component, remove the cassette(s) from the Cassette Storage Envelope, return the envelope to the left side of the CF, and:

1. Ensure that each cassette is clearly labeled with:

a. Claimant's or Appellant's Name;

b. Wage Earner's or Beneficiary's Name;

c. Social Security Number (SSN);

d. Hearing Held Date;

e. Cassette Number and Number of Cassettes (e.g., 1 of 1; and 1 of 3, 2 of 3, and 3 of 3).

2. Prepare a Hearing Office Cassette Transfer Packing List (See I-2-890 Exhibits, Exhibit 7). On each list show the hearing office (HO) name and code. For each case on the list show:

a. Claimant's or Appellant's Name;

b. SSN;

d. Hearing Held Date; and

e. Number of Cassettes.

3. Pack the cassettes in a box, and place a copy of the Hearing Office Cassette Transfer Packing List inside the box on top of the cassettes.

4. Mail the boxed cassettes daily to: Social Security Administration, Office of Hearings and Appeals, cassette Library, Room 803, 5107 Leesburg Pike, Falls Church, Virginia 22041-3255.

III. Medicare HIA, HIB and HIP Cases

Leave the cassette(s) in the Cassette Storage Envelope on the left side of the CF, regardless of whether the ALJ's action is favorable or unfavorable or whether the CF is being sent to an effectuating component or to OHA Hqts.

In a split title II/XVI case, always send the cassette(s) with the unfavorable decision case. Do not send any cassette outside OHA, except in Medicare HIA, HIB or HIP cases. See > I-2-818 B. 11., Release of the Case (court remands), and > I-2-850, Procedures for Handling Hearing Cassettes.

EXHIBIT 7

HEARING OFFICE CASSETTE TRANSFER PACKING LIST

HEARING OFFICE:________________________

HEARING OFFICE CODE:___________________

PLEASE TYPE OR PRINT

DATE:___________

SOCIAL SECURITY CLAIMANT'S DATE HEARING NUMBER OF

NUMBER NAME HELD CASSETTES

EXHIBIT 8

DECISION

IN THE CASE OF: CLAIM FOR:

---------------

(Claimant) (Type of Claim)

---------------

(Wage Earner) (Social Security Number)

This case is before the Commissioner on remand from the United States District Court for (Fill-in: district), Civil Action Number (Fill-in: civil action number). The court directed the Commissioner on remand to (Fill-in: explanation of proceedings required by court order).


The Appeals Council vacated the Commissioner's prior final decision in this case and remanded the case for further proceedings in accordance with the court's order. On (Fill-in: date) the claimant (and his/her representative) (was/were) notified of the time and place of the scheduled hearing (Fill-in: Exhibit No.).

(Explanation of facts surrounding abandonment) (Fill-in: Exhibit No.). OR (The claimant or The claimant, through his/her representative,) responded by (Fill-in: letter/telephone) on (Fill-in: date) that (he/she) did not wish to pursue the claim (Fill-in: Exhibit No.).

The claimant's action of (abandoning/withdrawing) the claim renders the controversy moot, thereby making additional administrative proceedings unnecessary. Therefore, the Administrative Law Judge adopts, as herein modified, the findings and conclusions in the decision of (Fill-in: date of vacated decision).

It is the decision of the Administrative Law Judge that, based on the (application/applications) filed on (Fill-in: date(s)), the claimant is not entitled to (Fill-in: type of benefit(s), e.g., a period of disability or disability insurance benefits) under (Fill-in: applicable of the Social Security Act).

Administrative Law Judge

Date

EXHIBIT 9

INFORMATION FOR CLAIMANTS AND REPRESENTATIVES ABOUT SUBMITTING LANGUAGE THAT MAY BE USED IN THE HEARING DECISION

If you believe that the law and evidence in your case support a fully favorable decision, you may submit proposed language for the decision to the Administrative Law Judge (ALJ) before or during the hearing. If the ALJ decides to issue a fully favorable decision, he or she may use the language you propose. You are not required to supply language, and the ALJ is not required to use any you supply. If you submit proposed language after the hearing, the ALJ will consider using it only if he or she has not yet issued the decision.

Proposed language should be in the form of narrative rationale, a numbered list of findings, and a summary of the decision.

- The narrative rationale must identify and discuss the evidence which supports the conclusion that you (or the claimant) are disabled, any significant conflicts on a material issue, and the step(s) of the sequential evaluation process at which disability is established. You do not need to address here the other step(s) of the sequential evaluation (they are addressed in the findings) or refer to the statute, regulations or case law.

- The numbered list of findings must cover all material issues of fact and law, including each step of the sequential evaluation process through the step at which disability is established. The hearing office will provide you sample findings if requested.

- The summary of the decision must state the filing date(s) of your (or the claimant's) application(s) and the ultimate conclusion, including the date of disability onset. We show an example below.

DECISION

It is the decision of the Administrative Law Judge that, based on the application filed on __________, the claimant is entitled to a period of disability commencing on ___________, and to disability insurance benefits under sections 216(i) and 223, respectively, of the Social Security Act.

It is further the decision of the Administrative Law Judge that, as of the date of the application for supplemental security income filed on ____________, the claimant was "disabled" as defined in section 1614(a)(3)(A) of the Social Security Act, and that the claimant's disability has continued at least through the date of this decision.


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