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HALLEX I-4-135
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: New Court Cases
Chapter: I-4-100

June 30, 1994

Current through June 1997

I-4-135 AFFIDAVITS--OTHER

Analysts may be requested to prepare affidavits in situations other than those described in the preceding subchapters. In all instances, the affidavit must identify the affiant and his or her authority. The affidavit must also identify what records are in the affiant's possession and what pertinent information these records reveal.

A. Local Court Rules

In some jurisdictions, courts require that any motion to remand or any request for an extension of time to file an initial response to a complaint include a supporting affidavit. For motions to remand, if the remand request is for technical reasons, the affidavit must describe the nature of the problem and what efforts SSA made to solve it--e.g., search memoranda, a tape audit, etc. If the motion requests remand for substantive reasons, the affidavit must state what problem(s) is in record and what action the Appeals Council intends to take if the court grants the motion for remand. Supporting documents for either technical or substantive remand requests are generally not necessary. The analyst must ensure that the affidavit accompanies the HA-552 when the clerk releases it.

B. Mandamus Actions

When the claimant files a mandamus action and the case is within OHA's jurisdiction, the analyst must prepare an affidavit. The affidavit must describe what actions, if any, the Appeals Council and/or ALJ has taken. The affidavit must also describe any other facts relevant to those actions, particularly any facts explaining delay; e.g., letters returned by the U.S. Postal Service. The analyst must include any supporting documents as exhibits (see > I-4-721).

C. Contempt Motions

When OGC advises OHA that a claimant has filed a contempt motion and the case is within OHA's jurisdiction, the analyst must prepare an affidavit. The format is the same as that for mandamus actions (see > I-4-720).

D. Lack of Subject Matter Jurisdiction

Upon review of a new court case, the analyst may discover that the issues in the case do not allow for judicial review; e.g., re-opening, selection of a representative payee, etc. The analyst must then prepare an affidavit setting forth the relevant procedural history of the case and attach all referenced documents as exhibits including ALJ and Appeals Council actions. If the relevant documents are not available, state this in the affidavit and explain the basis for making assertions about the missing documents. The affidavit must merely state the facts in the case and make no argument regarding judicial jurisdiction.

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