Division 5: Temporary Instructions
Subject: The Office of Hearings and Appeals (OHA) Early Development Notification Procedure
On Page I-2-140 E. cont., add after item 9.
10. In certain cases, as identified in section II. A. of T.I. 5-311, send an OHA Early Development Notification via E-MAIL to the effectuating component(s).
File SSA Program Circular, General Series, No. 02-92-ODM dated May 28, 1992 and entitled “OHA Early Notification Procedure” that has been distributed to all HALLEX users with this T.I.
Through an OHA Early Development Notification, a hearing office (HO) alerts the appropriate effectuating component(s) (field offices (FOs), program service centers (PSCs) or the Office of Disability and International Operations (ODIO)), when a favorable Administrative Law Judge (ALJ) decision appears likely; i.e., the ALJ has reached a tentative conclusion in a case, but a written decision has not yet been drafted, signed, and released to the claimant.
The notification enables the effectuating component(s) to immediately begin necessary prepayment development so that the ALJ's decision, when issued, can be effectuated and benefit payment commenced as quickly as possible. This procedure will reduce the present time span between issuance of the ALJ's decision and benefit payment.
This issuance contains a discussion of the purpose of the early development notification process, the types of cases that require an Early Development Notification, the completion and transmittal of the notifications, and contacts by effectuating components and claimants.
The OHA early development notification procedure was implemented on a phased-in basis, by Region as follows:
May 11, 1992 — All HOs in Region IV
May 18, 1992 — All HOs in Regions VI and VII
May 25, 1992 — All HOs in Regions I and V
June 1, 1992 — All HOs in Regions III, VIII and X
June 8, 1992 — All HOs in Regions II and IX
This instruction is effective for cases (including transfer cases received from other Regions) subject to ALJ hearings and on-the-record reviews as of the implementation date in each Region. HOs are not required to provide notifications for cases pending decision drafting as of the implementation date. Managers should furnish copies of this TI to the appropriate HO personnel.
Insert TI 5-311
Date: September 9, 1992