I-4-1-35.Declarations — Other

Last Update: 9/13/05 (Transmittal I-4-15)

CCPRB analysts may be requested to prepare declarations in situations other than those described in the preceding subchapters. In all instances, the declaration must identify the affiant and his or her position. The declaration must also identify what records are in the affiant's possession and what pertinent information these records reveal.

A. Local Court Rules

In some jurisdictions, courts require that any motion to remand or any request for an extension of time to file an initial response to a complaint include a supporting declaration. For motions to remand, if the remand request is for technical reasons, the declaration must describe the nature of the problem and what efforts SSA made to solve it (e.g., search memoranda, a recording audit, etc.). If the motion requests remand for substantive reasons, the declaration must state the nature of the problem(s) and what action the AC intends to take if the court grants the motion for remand. Supporting documents for either technical or substantive remand requests are generally not necessary. The analyst must ensure that the declaration accompanies the HA-552 when the staff releases it.

B. Mandamus Actions

When the claimant files a mandamus action and the case is within OHA's jurisdiction, the analyst will discuss the issue and proposed remedial action with OGC before preparing a declaration. The declaration must describe what actions, if any, the AC and/or ALJ has taken. The declaration must also describe any other facts relevant to those actions, particularly any facts explaining delay, e.g., letters returned by the U.S. Postal Service. The analyst must include any supporting documents as exhibits (see I-4-7-21).

C. Contempt Motions

When OGC advises OHA that a claimant has filed a contempt motion and the case is within OHA's jurisdiction, the analyst may be required to prepare a declaration. The format is the same as that for mandamus actions (see I-4-7-20).

D. Lack of Subject Matter Jurisdiction

Upon review of a new court case, the analyst may discover that the issues in the case do not allow for judicial review (e.g., re-opening, selection of a representative payee, etc.). The analyst must then prepare a declaration setting forth the relevant procedural history of the case and attach all referenced documents as exhibits including ALJ and AC actions. If the relevant documents are not available, state this in the declaration and explain the basis for making assertions about the missing documents (e.g., the initial denial notice is not part of the current record, we are using computer system records to establish the date this notice was issued as well as the basis for the denial). The declaration must merely state the facts in the case and make no argument regarding judicial jurisdiction.