II-6-9-10. CREV 50 AC Assumes Jurisdiction on Its Own Motion (Sentence 4 and 6 Court Cases)

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]

[Representative's First Name, Middle Initial and Last Name]
[Address]
[City, State Zip]

Re:

[Claimant's Name] v. Commissioner of Social Security

U.S.D.C. for the [selects District, if appropriate] District of [State] [,] [Division]

Civil Action Number [enter number]

Dear [Mr./Ms. [Representative's Last Name]]:

The Administrative Law Judge's notice of decision dated [insert date] told you that the Appeals Council may decide on its own to review the decision within 60 days. We are writing to tell you that we are assuming jurisdiction of your case under our rules.

What We Considered

We looked at all of the issues considered in the decision whether or not the Administrative Law Judge ruled on them in your favor.

If AC is considering issues not considered in the ALJ's decision insert:

We are considering additional issues not considered by the Administrative Law Judge. [Insert statement of additional issues.]

What We Plan To Do

We plan to make a decision finding [State the proposed conclusion of the AC's decision.]

OR

We plan to send your case back to an Administrative Law Judge for more action and a new decision.

Why We Are Taking This Action

[Enter the rationale for the AC proposed action. If the decision is partially favorable, explain the basis for the favorable aspect and the unfavorable aspect, e.g., incorporating the ALJ's relevant findings or stating the AC's basis for finding the claimant not disabled prior to the proposed onset date. If remanding, discuss what the ALJ found, why the AC disagrees and what actions the Council believes are necessary on remand.]

We Will Not Act For 30 Days

You may send us a statement about the facts and the law in this case within 30 days of the date of this letter. We assume you received this letter 5 days after the date on it unless you show us that you did not receive it within the 5-day period.

Our address and FAX number are:

ADDRESS:

Appeals Council
Office of Hearings and Appeals
ATTN: Branch [#], Suite [#]
5107 Leesburg Pike
Falls Church, VA 22041-3255

FAX:

[FAX #], Attn: Branch [#].

Put the Social Security Number shown at the top of this letter on your request.

If you send us anything by fax, do not send duplicates by mail. That may delay processing your claim.

What Happens Next

If we do not hear from you within 30 days, we will assume that you do not want to send us more information. We will then make our decision.

If You Have Any Questions

If you have any questions, you may call or write the Appeals Council. Our telephone number and address are shown at the top of this letter. If you do call, please have this notice with you.

 

[Name]

 

Administrative Appeals Judge

   
 

[Name]

 

Administrative Appeals Judge

Enclosure[s]:

Self-addressed envelope

cc:
[Claimant's Name]
[Address]
[City, State Zip]

[If claimant is unrepresented, letter will be addressed to claimant and “cc” will be deleted.]