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HALLEX I-4-114
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


A. Request Transcript

The clerk must remove the hearing cassette(s) from the envelope in the claim file and complete a pre-printed transcript request form (see > I-4-199, Exhibit B) and staple the form to the envelope. The clerk must determine whether the cassette is 2-track or 4-track and mark the envelope accordingly. The clerk must make sure that the served date (if available) is annotated on the transcript request form. If there are multiple hearings, the clerk must staple the separate envelopes together. The clerk must handcarry the cassette(s) to the Contracts Staff on the same day that it is received in the division. If the cassette tapes are taken to the Contracts Staff on a day after the claim file is received, the clerk must annotate the Request for File form.

B. Determining Transcript Priority

The information that the division clerk enters on the request form determines what priority the preparation of the hearing transcript is assigned.

-= Cases due in court in over 30 days are assigned a 10-day delivery schedule.

-= Cases due in court in 15 to 30 days are assigned a 5-day delivery schedule.

-= Cases due in court in 14 days or less are assigned a 1-day delivery schedule. (If the case is due in court in 14 days or less, the division clerk must contact the paralegal in the OGC Answer Section to determine if the court has granted the Secretary an extension of time before sending a cassette to Contracts Staff. The division clerk must annotate the contact with OGC on the bottom of the transcript request form so that Contracts Staff will know that the date due in court is correct.)

-= All court remand cases are assigned a 10-day delivery schedule unless the Secretary must meet a court-imposed time limit.

C. Follow-up

The clerk must follow-up with the Contracts Staff if the 10 day transcript is not received within 15 calendar days. The clerk must follow-up on 1 and 5 day priority transcripts after 2 or 6 work days respectively. The clerk must note the date of the follow-up on the Request for File form.

D. Inaudible Tapes

On occasion, the contractor will return a tape noting that the cassette was wholly or partially inaudible. The Contracts Staff must always verify any such report by auditing the cassette. If the audit shows the tape to be audible, Contracts Staff will either return it to the contractor or prepare the transcript themselves. If the tape is inaudible, Contracts Staff will prepare a memo to document that the tape is inaudible. There is no need for the clerk or analyst in the operating division to audit the cassette again to further verify that it is inaudible. The clerk will assign the case to an analyst and update the New Court Case log to show the analyst's initials and date assigned (GL-1).

E. Cases to be Assigned to an Analyst

A case must be assigned to an analyst in the following situations:

-= Additional evidence which was not part of the record is received or in file.

-= Correspondence is received.

-= A Division of Congressional and Public Inquiries request is received.

-= Missing files or exhibits.

-= Wholly or partially inaudible or missing hearing cassettes.

-= Affidavit case--other than a standard untimely filed case (see > I-4-130 and > I-4-131)

Do not postpone the request for tape transcription even though the case must be assigned to an analyst.

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