I-3-1-25.Branch Responsibilities When Claim Is Remanded and Hearing Office Does Not Receive Claim(s) File
Last Update: 5/26/17 (Transmittal I-3-157)
If a hearing office (HO) receives a remand from the Appeals Council involving a paper claim(s) file but does not receive the claim(s) file with the remand order, HO staff will contact the Executive Director's Office (EDO) in the Office of Appellate Operations (OAO) via email. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-11 B. The EDO will forward the email to the branch with jurisdiction for immediate action.
On receipt of the email, the branch chief will:
Ensure that the Appeals Council remanded the case and that all documentation is in order;
Take necessary action to correct any errors or discrepancies; and
If the claim(s) file is located, OAO staff will send it to the HO using the most expeditious method possible.
If the claim(s) file is not located after all reasonable attempts, and all documentation suggests the claim(s) file was sent to the HO, the branch chief will notify the EDO by sending an email to ^DCARO OAO with a copy or summary of the completed checklist. If it appears all necessary attempts were made to obtain the claim(s) file, the EDO will notify the hearing operation that the claim(s) file could not be located and that the HO must reconstruct the claim(s) file using the procedures in HALLEX I-2-1-12.