I-2-1-55.Assignment of Service Area Cases to Administrative Law Judges
Last Update: 12/11/13 (Transmittal I-2-98)
When the hearing office (HO) receives a valid request for hearing (RH) or an Appeals Council (AC) remand and completes the procedures set forth in the Hearings, Appeals and Litigation Law (HALLEX) manual, chapter I-2-0, the Hearing Office Chief Administrative Law Judge (HOCALJ), acting as the Deputy Commissioner's “delegate,” will assign the case to an administrative law judge (ALJ).
A. Case Assignment
The HOCALJ generally assigns cases to ALJs on a rotational basis, with the earliest (i.e., oldest) RHs receiving priority, unless there is a special situation that requires a change in the order in which a case is assigned. See HALLEX I-2-1-55 D in this section.
B. HO and Remote Hearing Sites
The Regional Chief Administrative Law Judge (RCALJ) determines which areas within an HO's service area are to be served from the HO and which are to be served from the remote hearing site(s). In making such determinations, the RCALJ considers recommendations from the HOCALJ. Such areas may require modification periodically based on case receipts and other service and cost factors.
C. Case Assignments Requiring Travel Within the Hearing Office Service Area
1. Rotate Assignments
Generally, the HOCALJ will rotate the assignments requiring travel among all ALJs in the HO consistent with the objective of scheduling older cases first.
2. Travel Dockets
ALJs will generally accumulate a docket of cases to be heard at the remote site to minimize administrative travel and related costs. If a remote site has video teleconferencing (VTC) availability, ALJs are encouraged to hold hearings by VTC by following the procedures set forth in HALLEX I-5-1-16. The use of such technology is encouraged because it does not necessarily require the ALJ to accumulate a docket of cases that would be required for travel.
The claimant may request to appear at the hearing by telephone, and the ALJ will allow the claimant's request if the ALJ determines that extraordinary circumstances prevent the claimant from appearing in person or by VTC. See HALLEX I-2-3-10.
3. Advance Administrative Approval for Travel
An ALJ must obtain advance administrative approval of proposed travel. The procedure for securing approval will vary from region to region, depending upon the specific methods prescribed by the RCALJ.
D. Special Situations That Require a Change in the Order in Which Cases are Assigned
1. Critical Case Designation
Critical cases involve a “critical” situation, including Terminal Illness (TERI), Military Casualty/Wounded Warrior (MCWW), and Compassionate Allowance (CAL) situations. Flag and assign the case immediately. See HALLEX I-2-1-40.
2. Time-limited Court Remand Case
In a time-limited court remand case a court has ordered the Commissioner to complete one or more specific actions within a set time period. Flag and assign the case immediately.
A time-limited court remand case reaches the ALJ via the AC. AC remands, including those generated by the courts, are generally assigned to the same ALJ who issued the decision or dismissal, unless the AC or court specifically directs otherwise.
3. Section 8001 Case
In 8001 cases, the AC has assumed jurisdiction on its own motion of an ALJ's favorable disability decision and remanded the case for further proceedings. If certain time frames are not (or have not been) met, the Social Security Administration must pay interim benefits to the claimant until the proceedings on remand have been completed. Flag and assign the case immediately. For more information on interim disability benefits in cases of delayed final decisions, see HALLEX I-3-6-55.
4. Delayed Court Remand Case
A delayed court remand case is over 125 days old (counting from the date of the court's order) or a court remand that the AC remanded to an ALJ a second time. Flag and assign the case immediately. If the AC remanded a second time, assign to a different ALJ.
5. Other Court Remand Case
Flag and assign the case immediately. If the AC remanded a second time, assign to a different ALJ.
6. Title XVI Nondisability Case
Assign the case immediately as the hearing decision must be issued within 90 days from the date of the RH.
7. Disability Cessation and Age 18 Redetermination Case
Assign the case immediately to avoid or minimize overpayments.
8. Case That Appears to Meet the Criteria for Dismissal
Assign the case immediately as the ALJ may be able to issue a dismissal order quickly. See HALLEX I-2-4.
9. Case in Which the Claimant Has Waived the Right to an Oral Hearing
Assign the case immediately as the ALJ may be able to issue a decision quickly.
The ALJ may determine, based on his or her examination of the record, that a hearing should be held despite the waiver.
10. Case in Which the Claimant Has Waived the Right to Regular Advance Notice of Hearing
A claimant's waiver of the right to regular advance notice indicates that he or she does not need advance notice to prepare for the hearing, and desires a hearing as soon as possible. Therefore, if the HO staff can accommodate the claimant because of a cancellation by another claimant or for any other reason, HO staff should assign the case to an ALJ and schedule a hearing as soon as possible, without the usual advance notice.
11. AC Remand
Flag and assign the case immediately.
AC remands, including those generated by the courts, are assigned to the same ALJ who issued the decision or dismissal unless:
the case was previously assigned to that ALJ on a prior remand from the AC and the ALJ's decision or dismissal after remand is the subject of the new AC remand; or
the AC or the court directs that the case be assigned to a different ALJ.
E. Exceptions to Case Rotation
1. Assignment of New Claim When Claimant Voluntarily Withdraws RH
If a claimant voluntarily asks to withdraw his or her RH after an ALJ has been assigned to the case, and the ALJ grants the claimant's request (see HALLEX I-2-4-20), except in the circumstances noted in subsection F, the same ALJ will generally be assigned if the claimant later submits a RH on a new application.
Check the Case Processing and Management System (CPMS) entry for the case to confirm that the prior dismissal was based on the claimant's voluntary withdrawal of his or her RH. The status field should display the “WDDI” withdrawal dismissal code. Check the decision maker field for the name of the ALJ who issued that dismissal.
2. Assignment of Case When Claimant Withdraws Application
If an ALJ has been assigned to a case and the claimant withdraws his or her application, the same ALJ will be assigned if the claimant submits a RH on a new application.
F. Reassignment of a Case Before the ALJ Hearing
When a hearing has not yet occurred, a HOCALJ may reassign a case to a different ALJ in the following circumstances:
When it is necessary to ensure that the claimant will have his or her case heard in a timely manner; or
The ALJ who was assigned the case initially is not available to conduct the hearing because of death, retirement, resignation, illness, or other cause resulting in prolonged leave of 20 or more days; or
The ALJ who was assigned the case is unavailable on short notice due to illness or other exigency, and the ALJ gave consent to the reassignment.