Last Update: 9/08/05 (Transmittal I-3-36)
An effectuating component may send a protest memorandum to OHA Headquarters questioning an ALJ's decision, thus requesting the Appeals Council to correct the decision. Also, OQA may refer an ALJ's decision to the Appeals Council, requesting corrective action. If the Council declines to assume jurisdiction, there is no need to proffer the memorandum or the referral. The Council will send a memorandum to the protesting component or OQA explaining the Appeals Council's action.
If the Appeals Council assumes jurisdiction, the Council will proffer the protest or referral memorandum to the claimant and representative. (See I-3-1-40 for a complete discussion of protest cases, including protest replies, and I-3-1-50 for a discussion of OQA referrals, as well as the Appeals Text Guide.)