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  • HALLEX - Severe.net
    OFFICE OF CIVIL ACTIONS OCA is headed by a Director who is also an Administrative Appeals Judge of the Appeals Council with exclusive jurisdiction for litigation The Director is assisted by a Deputy Director and an Appeals Officer OCA has six divisions and a Program Support Staff Five of the divisions are operating divisions i e they process individual civil actions The operating divisions are aligned according to judicial circuits

    Original URL path: http://www.severe.net/hallex4-003.html (2016-05-01)
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  • HALLEX - Severe.net
    on the record or to seek remand depending on whether further administrative action is warranted and good cause for remand exists As appropriate the staff conduct a defensibility review of decisions issued by Administrative Law Judges and the Appeals Council The staff prepare certifications of the administrative records in litigated cases for the OCA Director s signature They also prepare affidavits which are used to support motions for dismissal The

    Original URL path: http://www.severe.net/hallex4-004.html (2016-05-01)
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  • HALLEX - Severe.net
    obtains the views of affected OHA components and formulates a proposed OHA position on appeal B Court Trend Information Based on its analysis of the court trend information collected by OCA operating divisions DLAI 1 Develops and maintains the Circuit Court Case Reporter contained in Volume II Part 1 of HALLEX 2 Identifies problem areas and makes recommendations for change e g to clarify policies revise regulations give refresher training

    Original URL path: http://www.severe.net/hallex4-005.html (2016-05-01)
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  • HALLEX - Severe.net
    provisions of sections 205 g 1631 c 3 and 1869 b and c of the Social Security Act Under these provisions the Secretary must file as part of the answer to a complaint filed by a claimant a certified copy of the administrative record on which the Secretary based the final decision After the Secretary files the certified administrative record with the court and both sides submit briefs the court

    Original URL path: http://www.severe.net/hallex4-101.html (2016-05-01)
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  • HALLEX - Severe.net
    court for the judicial district in which he or she resides or has his or her principal place of business Each state has at least one district court some of the larger states have multiple districts In addition there are United States district courts in the District of Columbia Puerto Rico Guam the Virgin Islands and the Northern Mariana Islands If the plaintiff does not reside or have a principal place of business within any such judicial district e g the plaintiff resides in a foreign country the plaintiff must file the civil action in the United States District Court for the District of Columbia B Proper Defendant in Civil Actions The person holding the office of Secretary of Health and Human Services HHS is in his or her official capacity the proper defendant when a civil action is commenced If the plaintiff erroneously files the complaint against the Secretary in his or her individual capacity or against the United States or any agency office or employee of the United States instead of the Secretary the Office of the General Counsel through the U S Attorney will request the court to change the record to reflect that the Secretary of

    Original URL path: http://www.severe.net/hallex4-102.html (2016-05-01)
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  • HALLEX - Severe.net
    OF NOTICE OF SUIT U S Attorneys usually notify OHA and the Office of General Counsel OGC that a new court case has been filed via the Justice Telecommunications System JUST OHA has a JUST terminal in the OCA Mailroom The OCA mail clerk makes 2 copies of all teletype notifications The mailroom uses its copy to tally receipts it holds the copy for 6 months in case of non receipt by other components The second copy goes to the OGC Answer Section co located with OHA Headquarters and the original teletype goes to the appropriate OCA operating division Each OCA operating division has jurisdiction for specific circuit and district courts In addition to the JUST notification OCA also receives a copy of the summons and complaint The Federal Rules of Civil Procedure require that the plaintiff serve the Secretary with a copy of the summons and complaint The Secretary s copy goes to the OCA Reprographics Staff for photocopying and forwarding to both the OGC Answer Section and the OCA operating division This alternate method of notification is necessary because not every U S Attorney s office has access to the JUST System and OGC requires the summons and

    Original URL path: http://www.severe.net/hallex4-110.html (2016-05-01)
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  • HALLEX - Severe.net
    the message was sent and return the request form to the case control clerk The Lead Case Control Clerk must verify that the component which has the claim file received the administrative message If the location on the BDIQ is a District Office State Agency Program Center Hearing Office the Federal Record Center or other component outside OHA Headquarters the clerk must contact the component by telephone The clerk must annotate the request form indicating the component contacted In addition he or she must note on the request form the date of the request the person contacted telephone number and location 3 Wang Entries The clerk must attach glossary 0500 the New Court Case Log Document Select GL n to enter a new court case The clerk must enter the following information ä Claimant s name last name first name ä Social Security Number ä Circuit 1 through 9 0 tenth circuit A eleventh circuit C District of Columbia ä Claim type 1 title II 2 title XVI 3 title II and XVI 4 black lung 5 RSI 6 HIB ä Served date Enter six digit date served If unknown enter six spaces ä Notified date Enter date of teletype or date stamp on the summons and complaint ä File date Found on teletype or summons and complaint ä Date file requested Date stamp on your file request form date of telephone call to outside component or date administrative message sent ä OAO Branch Enter two digit number 01 16 rs for Title II retirement and survivor or Title XVI non disability cases hi for Title XVIII health insurance cases df docket and files ä Priority code 1 routine 2 expedite 3 HOT 4 express mail 5 hand deliver 6 in house B Follow up Procedures for Non receipt of Claim File The division clerk must call the mini docket in the OAO branch the RSI HI SSI Staff or the supervisor in Docket and Files if the requested claim file is not received within 3 calendar days The OCA clerk must annotate the request form with the date of the follow up call the name of the person providing the information and the reason for the delay If OAO advises that the file is located in another OHA Headquarters component the division clerk must contact that component directly by telephone If the case is in a component outside OHA Headquarters the division clerk must make a follow up call after 5 calendar days from the original request date Be sure to annotate the request form for all follow up telephone contacts Every Friday morning the clerk must print a list of cases requested from OAO program review branches as of Monday of the same week but not yet received and submit the list to the OCA operations supervisor The operations supervisor must verify the list and forward it to the OCA Director s office by noon each Friday The Director s office will prepare a memorandum to OAO concerning

    Original URL path: http://www.severe.net/hallex4-112.html (2016-05-01)
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  • HALLEX - Severe.net
    taken to the Contracts Staff on a day after the claim file is received the clerk must annotate the Request for File form B Determining Transcript Priority The information that the division clerk enters on the request form determines what priority the preparation of the hearing transcript is assigned Cases due in court in over 30 days are assigned a 10 day delivery schedule Cases due in court in 15 to 30 days are assigned a 5 day delivery schedule Cases due in court in 14 days or less are assigned a 1 day delivery schedule If the case is due in court in 14 days or less the division clerk must contact the paralegal in the OGC Answer Section to determine if the court has granted the Secretary an extension of time before sending a cassette to Contracts Staff The division clerk must annotate the contact with OGC on the bottom of the transcript request form so that Contracts Staff will know that the date due in court is correct All court remand cases are assigned a 10 day delivery schedule unless the Secretary must meet a court imposed time limit C Follow up The clerk must follow up with the Contracts Staff if the 10 day transcript is not received within 15 calendar days The clerk must follow up on 1 and 5 day priority transcripts after 2 or 6 work days respectively The clerk must note the date of the follow up on the Request for File form D Inaudible Tapes On occasion the contractor will return a tape noting that the cassette was wholly or partially inaudible The Contracts Staff must always verify any such report by auditing the cassette If the audit shows the tape to be audible Contracts Staff will either return it to

    Original URL path: http://www.severe.net/hallex4-114.html (2016-05-01)
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