I-3-6-54.Proffer of Protest Memorandum

Last Update: 10/13/11 (Transmittal I-3-42)

An effectuating component may send a protest memorandum to the Office of Disability Adjudication and Review headquarters questioning a hearing decision, thus requesting the Appeals Council (AC) to correct the decision. If the AC declines to assume jurisdiction, there is no need to proffer the memorandum to the claimant or his or her representative. The AC will send a memorandum to the protesting component explaining why the AC declined to take action.

If the AC assumes jurisdiction, it will proffer the protest memorandum to the claimant and his or her representative. (See Hearings, Appeals and Litigation Law manual I-3-6-10 for a complete discussion of protest cases, including protest replies. Also, refer to the Document Generation System for appropriate language to proffer the protest memorandum.)