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HALLEX I-4-004
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: OCA Functions and Responsibilities
Chapter: I-4-000

June 30, 1994

Current through June 1997

I-4-004 OPERATING DIVISION FUNCTIONS AND RESPONSIBILITIES

The staff in the operating divisions provide professional and technical advice to the Associate Commissioner, the Director of OCA, other Administrative Appeals Judges (AAJs), and other OHA officials in litigated cases as enumerated in > I-4-002.

In new court cases, the staff in the operating divisions may recommend to defend on the record or to seek remand, depending on whether further administrative action is warranted and good cause for remand exists. As appropriate, the staff conduct a defensibility review of decisions issued by Administrative Law Judges and the Appeals Council. The staff prepare certifications of the administrative records in litigated cases for the OCA Director's signature. They also prepare affidavits which are used to support motions for dismissal.

The staff in the operating divisions analyze and recommend action on cases referred by the Office of General Counsel for consideration of whether the Secretary should request remand on his motion.

The staff in the operating divisions analyze and recommend action on cases remanded by the courts. They prepare remand orders and related correspondence on behalf of the OCA Director and other AAJs. As necessary, they prepare comprehensive decisions for the Director and other AAJs in civil action cases.

The operating divisions recommend whether to seek appeal when a federal court has made a decision adverse to the Agency. They collect court trend information for analysis and dissemination by DLAI.



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