I-3-0-75.Branch Responsibilities When Claim is Remanded and Hearing Office Does Not Receive Claim(s) File

Last Update: 6/9/14 (Transmittal I-3-66)

If a hearing office receives a remand from the Appeals Council involving a paper claim(s) file but does not receive the claim(s) file with the remand order, it will contact the Executive Director's Office (EDO) in the Office of Appellate Operations (OAO) via email. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-11 B. EDO will forward the email to the branch with jurisdiction for immediate action.

On receipt of the email, the branch chief will:

  • Ensure the Appeals Council remanded the case and that all documentation is in order.

  • Instigate necessary action to correct any errors or discrepancies.

  • Attempt to locate the file using the Claims File Search Checklist in HALLEX I-3-0-96, including sending a request through the Megasite Information Management System (MIMS).

If the file is located, OAO staff will send the file to the hearing office using the most expeditious method possible.

If the file is not located after all reasonable attempts, and all documentation suggests the claim(s) file was sent to the hearing office, the branch chief will notify EDO by sending an email to |||ODAR OAO with a copy or summary of the completed checklist. If it appears all necessary attempts were made to obtain the file, EDO will notify the hearing operation that the claim(s) file could not be located and that the hearing office must reconstruct the claim(s) file using the procedures in HALLEX I-2-1-12.