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I-1-6-90. Samples

Language for Congressional Responses for Cases Pending at the Hearing Level

Introductory Paragraphs

HOI1 - Initial Response

This is in response to your inquiry of *DATE regarding *CLMT NAME *(SSN).

HOI2 - Further Response

This is in further response to your inquiry regarding *CLMT NAME *(SSN).

Pending Paragraphs

HO1 - R/H and CF Received

We have received *CLMT NAME's request for hearing and are preparing the file for assign­ment to an Administrative Law Judge. We will inform you of any developments in the case.

HO2 - R/O and CF Received

We have received *CLMT NAME's file with the Appeals Council's *DATE remand order. We will inform you of any further developments in the case.

HO3 - R/H Assigned to ALJ - Pre-Hearing Development

*CLMT NAME's request for hearing has been assigned to me and I have requested additional evidence on the case. I will inform you of any further action in this case.

HO4 - R/H Assigned to ALJ - Hearing Unscheduled

*CLMT NAME's case has been assigned to me and I will schedule HIS/HER hearing shortly. I will notify you when the hearing is scheduled and advise you of any further developments.

HO5 - R/H Assigned to ALJ - Hearing Scheduled

I have notified *CLMT NAME that *HIS/HER hearing has been scheduled for *DATE at *TIME. After the hearing, I will proceed with a decision on the case and inform you of any further developments.

HO6 - Claimant Failed to Show for Hearing

Although *HE/SHE was informed that *HIS/HER hearing was scheduled for *DATE at *TIME, *CLMT NAME did not show up for the hearing. I have sent *HIM/HER a notice requesting an explanation for *HIS/HER failure to appear and will notify you when more infor­mation is available.

HO7 - Post-Hearing Development

After *CLMT NAME's hearing was held, I determined that additional evidence was needed in the case. When this information is received, I will proceed with the decision on the case. I will continue to inform you of any developments.

HO8 - Decision Being Prepared

*CLMT NAME's hearing was held on *DATE, and a decision is now being prepared. I will notify you of the decision when it is released.

Decision/Order Paragraphs

HOF1 - Untimely Dismissal

I have issued an order dismissing *CLMT NAME's request for hearing because*HE/SHE did not file the request within 60 days of receipt of the reconsideration notice, as required by the Social Security Regulations. If *HE/SHE wishes to pursue the case further, *CLMT NAME may file a request for review by the Appeals Council within 60 days of receipt of the dismissal order. *CLMT NAME may file a request for review at any local Social Security office, at a hearing office, or by writing directly to the Appeals Council.

HOF2 - Failure to Show Dismissal

I have issued a dismissal order in *CLMT NAME's case because *HE/SHE did not come to the hearing and did not provide a valid reason for not appearing. If *HE/SHE wishes to pursue the case further, *CLMT NAME may file a request for review by the Appeals Council within 60 days of receipt of the dismissal order. *CLMT NAME may file a request for review at any local Social Security office, at a hearing office, or by writing directly to the Appeals Council.

HOF3 - Res Judicata Dismissal

I have issued an order dismissing *CLMT NAME's request for hearing because the facts and issues presented in the current application are the same as those covered by a previous applica­tion. Because no new and material evidence was presented, I dismissed the case.

If *HE/SHE wishes to pursue the case further, *CLMT NAME may file a request for review by the Appeals Council within 60 days of receipt of the dismissal order. *CLMT NAME may file a request for review at any local Social Security office, at a hearing office, or by writing directly to the Appeals Council.

HOF4 - Unfavorable Decision

After careful consideration of *CLMT NAME's case, I issued an unfavorable decision.

If *HE/SHE wishes to pursue the case further, *CLMT NAME may file a request for review by the Appeals Council within 60 days of receipt of the decision. *CLMT NAME may file a request for review at any local Social Security office, at a hearing office, or by writing directly to the Appeals Council. If *HE/SHE does not file an appeal, my decision will stand as the final deci­sion of the Commissioner in this case.

HOF5 - Partially Favorable Decision

After carefully considering *CLMT NAME's case, I have issued a partially favorable decision.

If *HE/SHE wishes to pursue the case further, *CLMT NAME may file a request for review by the Appeals Council within 60 days of receipt of the decision. *CLMT NAME may file a request for review at any local Social Security office, at a hearing office, or by writing directly to the Appeals Council. If *HE/SHE does not file an appeal, my decision will stand as the final deci­sion of the Commissioner in this case.

HOF6 - Favorable Decision

I am pleased to inform you that I have issued a favorable decision in *CLMT NAME's case. *HIS/HER file has been sent to the *OFFICE for processing of payment.

With the decision, *CLMT NAME was also advised that the Appeals Council in Falls Church, Virginia, has 60 days from the date of the decision to review it. If the Council decides to review the case, *CLMT NAME will be notified promptly.

Closing Paragraphs

HOC1 - HO Call-Back

If you have further questions about this case, please contact this office at *PHONE #.

HOC2 - HO/AC Call-Back

If you have further questions about this case, please contact the hearing office at *PHONE # or the Appeals Council at *PHONE#.

Signature Blocks

HOS1 - CALJ Signature

HOS2 - ALJ Signature

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