I-3-9-20.Receipt of Material Constituting a Request for Reopening

Last Update: 9/08/05 (Transmittal I-3-36)

Upon receipt in the OAO branch of material (e.g., a letter, medical report, or other document) constituting a request to reopen an ALJ or Appeals Council decision, the branch support staff will assign the material to an analyst for review.

If the ALJ has jurisdiction to consider the reopening question and the material constituting a request to reopen the hearing decision was sent directly to Office of Hearings and Appeals (OHA) Headquarters, the analyst will forward the material to the ALJ to consider the reopening question.

If the ALJ had initially received the material and has jurisdiction to consider the reopening question but had erroneously forwarded the material to OHA Headquarters, the analyst will return the material to the ALJ to consider the reopening question.

I-3-9-21 contains the guides for completing the overprinted Form HA-505, Transmittal by Office of Hearings and Appeals, used to forward or return material to the ALJ to consider the reopening question.

If the ALJ (1) construed the material as being a request for review, (2) prepared a Form HA-520 (Request for Review), and (3) forwarded the material to OHA Headquarters, the Appeals Council will consider the request for review (and request for reopening).