POMS Reference

This change was made on Aug 2, 2018. See latest version.
Text removed
Text added

NL 00725.120: “ALS” UTIs – Appeals

changes
*
  • Effective Dates: 01/08/2018 - Present
  • Effective Dates: 08/02/2018 - Present
  • TN 23 (12-17)
  • NL 00725.120 “ALS” UTIs – Appeals
  • ALSC02 Caption
  • Do You Disagree With the Decision?
  • ALSC05 Caption
  • How The Hearing Process Works
  • ALSC08 Caption
  • It Is Important To Go To The Hearing
  • ALSC12 Caption
  • If You Disagree With The Decisions
  • ALSC26 Caption
  • About The Appeals
  • ALSC27 Caption
  • If You Want To Appeal
  • ALSC28 Caption
  • If You Ask For A Reconsideration And A Hearing
  • ALS023 Appeals Language – Powell Decision
  • If you do not agree with this decision, you have the right to appeal. We will review  (1)  case and look at any new facts you have. A person who did not make the first decision will decide  (2)  case. We will review the parts of the decision that you think are wrong and correct any mistakes. We may also review the parts of our decision that you think are right. We will make a decision that may or may not be in  (3)  favor.
  • You have 60 days to ask for an appeal.
  • The 60 days start the day after you receive 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.
  • You must have a good reason if you wait more than 60 days to ask for an appeal.
  • You can file an appeal with any Social Security office. You must ask for an appeal in writing. Please use our “Request for Reconsideration” form, SSA-561-U2. You may go to our website at  (4)  to find the form. You can also call, write, or visit us to request the form. If you need help to fill out the form, we can help you by phone or in person.
  • Fill-ins:
  • (1) “your”/name, possessive
  • (2) “your”/”his”/”her”
  • (3) “your”/”his”/”her”
  • (4) www.socialsecurity.gov/online/
  • ALS040 Appeals Language – Administrative Law Judge
  • If you disagree with our decision, you have the right to request a hearing. A person who has not seen  (1)  case before will look at it. That person is an Administrative Law Judge. The Administrative Law Judge will review our decisions and look at any new facts you have.
  • Fill-in:
  • (1) SN
  • ALS041 Appeals Language – Res Judicata
  • If there are no new facts, the judge may find that the application presents the same issues as the prior application, and dismiss the hearings request.
  • ALS042 Hearing Appeals Period
  • You have 60 days to ask for a hearing.
  • The 60 days start the day after you receive 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.
  • You must have a good reason if you wait more than 60 days to ask for a hearing.
  • You can file a hearing with any Social Security office. You must ask for a hearing in writing. Please use our “Request for Hearing” form, HA-501. You may go to our website at  (1)  to find the form. You can also call, write, or visit us to request the form. If you need help to fill out the form, we can help you by phone or in person.
  • If you want to make a request, please contact one of our offices. We can help you complete the required form.
  • Please read the enclosed pamphlet, “Your Right to an Administrative Law Judge Hearing and Appeals Council Review of Your Social Security Case.” It contains more information about the hearing.
  • Fill-in:
  • (1) www.socialsecurity.gov/online/
  • ALS043 Appeals Language – Hearings Request – Living in Foreign Country
  • You have 60 days to ask for a hearing.
  • The 60 days start the day after you receive this letter.
  • You must have a good reason if you wait more than 60 days to ask for a hearing.
  • You can only have a hearing in the United States. You would have to pay any costs for traveling to the United States for the hearing. If you cannot come to the hearing, the ALJ will review your case plus any new information you send us. We will send you a letter about the ALJ's decision.
  • You have to ask for a hearing in writing. Contact us if you want help.
  • ALS046 Reconsideration Hearing for Domestic and Foreign Appeals Cases
  • This action results from reconsideration of your claim and replaces our previous determination.
  • If you think we are wrong, you have the right to request a hearing. At the hearing, a person who has not seen your case before will look at it. That person is an Administrative Law Judge. In the rest of our letter, we will call this person an ALJ. The ALJ will review those parts of the decision which you believe are wrong. The ALJ will look at any new facts you have and correct any mistakes. The ALJ may also review those parts which you believe are correct and may make them unfavorable or less favorable to you.
  • ALS047 ALJ Level; Supersedes Previous Determination; Domestic and Foreign
  • We previously informed you of your appeal rights concerning the administrative law judge's (ALJ) decision. We also informed you of what you must do to have that decision reviewed.
  • If you believe that we decided any other part of  (1)  case incorrectly, you may request reconsideration on that part of  (2)  case.
  • Fill-ins:
  • (1) “your”/”his”/”her”
  • (2) “your”/”his”/”her”
  • ALS048 Domestic ALJ Cases; If ALS047 and SCC Present
  • If you do not agree with this decision, you have the right to appeal. We will review  (1)  case and look at any new facts you have. A person who did not make the first decision will decide  (2)  case. We may also review the parts of the decision that you think are right. We will make a decision that may or may not be in  (3)  favor.
  • You have 60 days to ask for an appeal.
  • The 60 days start the day after you receive 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.
  • You must have a good reason if you wait more than 60 days to ask for an appeal.
  • You can file an appeal with any Social Security office. You must ask for an appeal in writing. Please use our “Request for Reconsideration” form, SSA-561-U2. You may go to our website at  (4)  to find the form. You can also call, write, or visit us to request the form. If you need help to fill out the form, we can help you by phone or in person.
  • You can file an appeal with any Social Security office. You must ask for an appeal in writing. Please use our “Request for Review of Hearing Decision/Order” form HA-520-U5. You may go to our website at  (4)  to find the form. You can also call, write, or visit us to request the form. If you need help to fill out the form, we can help you by phone or in person.
  • Fill-ins:
  • (1) “your”/name, possessive
  • (2) “your”/”his”/”her”
  • (3) “your”/”his”/”her”
  • (4) www.socialsecurity.gov/online/
  • ALS049 Foreign ALJ Cases; If ALS047 and Consul Code Present
  • If you want this reconsideration, you must request it not later than 60 days from the date you receive this notice. You may make your request to the Social Security Administration, P.O. Box 17769, Baltimore, Maryland 21235, U.S.A. If additional evidence is available, you should submit it with your request.
  • If you live in Canada or Mexico, you may also make your request through any Social Security office. Residents of the Philippines may contact the Veterans Affairs Regional office, SSA Division, 1131 Roxas Boulevard, Manila. Residents of all other countries may contact the nearest United States Diplomatic or Consular Office.
  • ALS054
  • It is very important that you go to the hearing. If for any reason you can't go, contact the ALJ as soon as possible before the hearing and explain why. The ALJ will reschedule the hearing if you have a good reason.
  • If you don't go to the hearing and don't have a good reason for not going, the ALJ may dismiss your request for a hearing.
  • ALS061
  • This action supersedes our previous determination and is in accordance with the decision on your hearing request. You have already been notified of your appeal rights regarding the decision made on your hearing request and what you must do to have that decision reexamined. If you want this reconsideration, you may request it through any Social Security office. If additional evidence is available, you should submit it with your request. We will review the case and consider any new facts you have. A person who did not make the first decision will decide.
  •  (1)  case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to  (2)  .
  • You have 60 days to ask for an appeal.
  • The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.
  • You must have a good reason for waiting more than 60 days to ask for an appeal.
  • You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2, called “Request for Reconsideration”. Contact one of our offices if you want help.
  • Please read the enclosed pamphlet, “Your Right to Question the Decision Made on Your Social Security Claim”. It contains more information about the appeal.
  • Fill-ins:
  • (1) “your”/name, possessive
  • (2) “you”/“her”/“him”
  • ALS070 English Translation for Spanish Cover Letter – Awards – Domestic/Foreign Address
  • If you do not agree with the decision, you may ask to have your case reviewed. But you must request this reconsideration from any Social Security office within 60 days from the date that you receive this notice. You can submit any additional evidence or information you feel would be helpful.
  • ALS072 English Translation for Spanish Cover Letter – Affirmation of Denial on Reconsideration – Domestic/Foreign Address
  • If you do not agree with this final decision, you can ask that your claim be reviewed by an Administrative Law Judge of the Office of Hearings Operations. But you must go to any Social Security office to request the review within 60 days from the date you receive this notice.
  • The enclosed pamphlet explains your right to appeal.
  • ALS113
  • If you disagree with the decisions, you have the right to appeal. A person who did not make the first decision will decide your case. We will review those parts of the decisions you disagree with and will look at any new facts you have. We may also review those parts of the case that you believe are correct and may make them unfavorable or less favorable to you.
  • ALS073 English Translation for Spanish Cover Letter – Affirmation of Denial on Reconsideration – Mexico Address
  • If you do not agree with this final decision, you can ask that your case be reviewed by an Administrative Law Judge of the Office of Hearings Operations. But you must request this review from any Social Security office within 60 days from the date you receive this notice.
  • ALS121
  • If you disagree with the nonmedical decisions we made on your case, the appeal is called a reconsideration. Some examples of nonmedical decisions are the amount of your payment, and the month your payment starts. You will not meet with the person who decides your case.
  • If you disagree with the disability (medical) decision made by the state, the appeal is called a hearing. Some examples of medical decisions are the date your disability started or whether you are still disabled.
  • ALS122
  • You have 60 days to ask for an appeal.
  • The 60 days start the day after you receive this letter. We assume you received this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.
  • You must have a good reason if you wait more than 60 days to ask for an appeal.
  • You can file an appeal with any Social Security office. You must ask for an appeal in writing. Please use our “Request for Reconsideration” form SSA-561-U2, or “Request for Hearing” form HA-501. You may go to our website at  (1)  to find the forms. You can also call, write, or visit us to request the forms. If you need help to fill out the forms, we can help you by phone or in person.
  • Fill-in:
  • (1) www.socialsecurity.gov/online/
  • ALS123
  • If you ask for both a reconsideration and a hearing, we will process the hearing first, even if you made the reconsideration request first. When we make our decisions, we will send you letters explaining our decisions on both the reconsideration and the hearing.
  • ALS125
  • After we send your case for a hearing, an Administrative Law Judge (ALJ) will mail you a letter at least 20 days before the hearing to tell you its date, time and place. The letter will explain the law in your case and tell you what has to be decided. Since the ALJ will review all the facts in your case, it is important that you give us any new facts as soon as you can.
  • The hearing is your chance to tell the ALJ why you disagree with the decisions in your case. You can give the ALJ new evidence and bring people to testify for you. The ALJ also can require people to bring important papers to your hearing and give facts about your case. You can question these people at your hearing.
  • ALSR01 Hearings Level Decision by Someone Other Than an ALJ
  • We previously informed you of your appeal rights concerning the administrative law judge's (ALJ) decision. We also informed you of what you must do to have that decision reviewed.
  • If you believe that we decided any other part of  (1)  case incorrectly, you may request reconsideration on that part of  (2)  case. We will review  (3)  case and look at any new facts you have. A person who did not make the first decision will decide  (4)  case. We will review the parts of the decision that you think are wrong and correct any mistakes. We may also review the parts of our decision that you think are right. We will make a decision that may or may not be in  (5)  favor.
  • You have 60 days to ask for an appeal.
  • The 60 days start the day after you receive 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.
  • You must have a good reason if you wait more than 60 days to ask for an appeal.
  • You can file an appeal with any Social Security office. You must ask for an appeal in writing. Please use our “Request for Reconsideration” form, SSA-561-U2. You may go to our website at  (6)  to find the form. You can also call, write, or visit us to request the form. If you need help to fill out the form, we can help you by phone or in person.
  • Fill-ins:
  • (1) “your”/”his”/”her”
  • (2) “your”/”his”/”her”
  • (3) “your”/name, possessive
  • (4) “your”/”his”/”her”
  • (5) “your”/”his”/”her”
  • (6) www.socialsecurity.gov/online