GN 03103: Hearings (Title II and Entitlement Under Title XVIII)
TN 17 (11-11)
A. Filing hearing office (HO) requests
Use the following procedures, in conjunction with the instructions in GN 03103.080, which emphasize forwarding the HA-501-U5 (Request for Hearing by Administrative Law Judge), and the claims folder to the hearing office (HO) expeditiously.
B. Procedure for filing the request somewhere other than the servicing FO
1. Request filed in another FO
The FO taking the request must:
Make the initial search and within one business day, fax, email, or telephone to request to send the claims folder to the HO within five business days.
Forward the “HO” and “claims file” copy of the HA-501-U5 to the HO with a copy of the fax, email, or documentation of the telephone request for the folder and any related material within five business days of the filing date.
Send the “DO” copy of the Form HA-501-U5 with a copy of any related material and a copy of the request for the folder to the servicing FO.
If the folder is in the FO where the claimant or representative filed the hearing request, send it to the HO within five business days.
2. Request filed in a Payment Center (PC)
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If the PC receives a letter that requests a hearing, the reconsideration reviewer or disability examiner completes the HA-501-U5 based on the information in the claims folder and letter, and follows the instructions in:
GN 03103.020, HA-501-U5 (Request for Hearing by Administrative Law Judge)
GN 03103.080, FO Procedures for Forwarding HA-501-U5 (Request for Hearing by Administrative Law Judge) and Folder to HO
GN 03103.110, SSA-636-U3 (Transmittal Notice – Hearing Case)
The PC forwards the HO and the claims folder copy of the HA-501-U5 to the HO within five business days after the receipt date. If the PC has the folder, they must forward the folder to the HO within five business days. Send the FO copy to the servicing FO, with a copy of the SSA-636 (Transmittal Notice Hearing Case).
NOTE: If the reconsideration reviewer determines it is now possible to make a determination favorable to claimant, see GN 03103.080D.4.
3. Request filed in the HO
When the HO contacts the servicing FO and advises that the claimant or representative filed a hearing request, the FO should obtain the folder as quickly as possible, and forward it to the HO, see GN 03103.080.