POMS Reference

GN 03103: Hearings (Title II and Entitlement Under Title XVIII)

TN 19 (12-11)

A. Policy for HO jurisdiction

HO jurisdiction is determined by the claimant’s residence address. The HO that services the claimant’s residence address has jurisdiction even if the claimant has a representative whose office is in another HO’s service area.

If the claimant wants a hearing in an HO other than his or her servicing HO, the field office (FO) should obtain a signed statement that states the reason(s), attach it to the HA-501-U5, and forward both requests to the servicing HO per the instructions in GN 03103.080C. Advise the claimant that an administrative law judge (ALJ) in the servicing HO will consider the request and notify him or her as to whether the case will be transferred to the requested HO.

B. Reference

GN 00904.010 Determining Servicing Office

GN 03103.080 FO Procedures for Forwarding HA-501-U5 (Request for Hearing by Administrative Law Judge) and Folder to HO