II-6-6-29. COR 30 Memo to Hearing Office to Consider Reopening (Protest Case)

Last Update: 9/1/05 (Transmittal II-6-13)

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SOCIAL SECURITY ADMINISTRATION

_____________________________________________________________

Refer to: TAHB

[SSN]

[XSSN]

Office of Hearings and Appeals
5107 Leesburg Pike
Falls Church, VA 22041-3255]

MEMORANDUM TO:

Administrative Law Judge [insert name]

[Insert HO mailing address]

FROM:

Appeals Council

SUBJECT :

Reopening Issue - ACTION

Claimant: [Insert Claimant's Name]

Social Security Number: [Insert SSN]

We are returning this case to you to consider possible reopening. Please see the memorandum from the effectuating component regarding this issue in the claim file.

Your decision establishes disability beginning [insert established onset date] based on [an] application[s] filed on [insert application(s) date(s)]. However, the claimant filed [a] prior application[s] on [insert date(s)]. Under the reopening provisions of the regulations, the [determination(s)] OR [decision] dated [insert date(s)], denying the prior application[s] may be reopened and revised. This would permit entitlement and payment based on the prior application[s].

Please consider and rule on the issue of reopening, including appropriate rationale for your ruling consistent with 20 CFR 404.987 - 989 and/or 20 CFR 416.1487 -1489; HALLEX I-2-9-40, I-2-9-70 and I-2-9-80.

After completing your review, if you do not wish to amend your decision to permit payment on the prior application[s], please specify your reason(s) for not reopening and return the claim file(s) to the Office of Appellate Operations, Attn: Branch [#], Suite [#] 5107 Leesburg Pike, Falls Church, VA 22041-3255.

If you do reopen and revise the [determination(s)] OR [decision] to permit payment on the prior application[s], please send the claim file(s) to [enter name(s) of the effectuating component(s)], to effectuate the amended decision.

 

[Name]

 

Administrative Appeals Judge

Attachment:
Claim File(s)

cc:
RCALJ, [Enter city and state]