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  • HALLEX - Severe.net
    Security Administration S S A Department of Health and Human Services Volume I Division IV Civil Action Subject New Court Cases Chapter I 4 100 June 30 1994 Current through June 1997 I 4 140 MISCELLANEOUS NEW COURT CASE ACTIONS Occasionally the OCA operating division will receive a new court case which differs from the standard appeal of a final ALJ or Appeals Council decision The division clerk and or

    Original URL path: http://www.severe.net/hallex4-140.html (2016-05-01)
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  • HALLEX - Severe.net
    Division IV Civil Action Subject New Court Cases Chapter I 4 100 June 30 1994 Current through June 1997 I 4 141 DUPLICATE COMPLAINTS A claimant may file a new complaint following an ALJ or Appeals Council final decision issued after court remand Because the case is already pending in court the new complaint may duplicate the existing cause of action The clerk must send a form memorandum to OGC

    Original URL path: http://www.severe.net/hallex4-141.html (2016-05-01)
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  • HALLEX - Severe.net
    HCFA Regulations 405 718 405 718e provide for an expedited appeals process whereby under certain prescribed circumstances an individual may seek judicial review without completing the administrative review process generally required These cases deal solely with Constitutional challenges to the Act When the division receives a new court case involving the expedited appeals process the clerk must verify that the complaint was filed within 60 days of the date the

    Original URL path: http://www.severe.net/hallex4-142.html (2016-05-01)
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  • HALLEX - Severe.net
    143 EQUAL ACCESS TO JUSTICE ACT The Equal Access to Justice Act EAJA provides that under certain circumstances the Department may be liable for fees and other related expenses to attorneys who prevail in court and the court finds that the Secretary s position in the administrative proceeding was not substantially justified When the division receives notice of an EAJA action the division clerk will secure the files and the

    Original URL path: http://www.severe.net/hallex4-143.html (2016-05-01)
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  • HALLEX - Severe.net
    Administration S S A Department of Health and Human Services Volume I Division IV Civil Action Subject New Court Cases Chapter I 4 100 June 30 1994 Current through June 1997 I 4 144 CLASS ACTIONS For an explanation of processing the cases of named litigants in new court cases which are class actions see I 4 620 For processing new court cases filed by individuals who are unnamed members

    Original URL path: http://www.severe.net/hallex4-144.html (2016-05-01)
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  • HALLEX - Severe.net
    A Department of Health and Human Services Volume I Division IV Civil Action Subject New Court Cases Chapter I 4 100 June 30 1994 Current through June 1997 I 4 145 MANDAMUS ACTIONS An explanation of the mandamus process is

    Original URL path: http://www.severe.net/hallex4-145.html (2016-05-01)
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  • HALLEX - Severe.net
    Human Services Volume I Division IV Civil Action Subject New Court Cases Chapter I 4 100 June 30 1994 Current through June 1997 I 4 146 EXTENSIONS OF TIME In some cases a claimant may request an extension of time to file a civil action after rather than before actually filing the complaint In such cases the analyst will follow the guidelines in I 3 960 pertaining to requests for

    Original URL path: http://www.severe.net/hallex4-146.html (2016-05-01)
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  • HALLEX - Severe.net
    of the certified administrative record After the OCA operating division receives a new court case claim file and hearing transcript and determines that the case will be defended on the record the division clerk assigns the case to a CR technician The following outline is broad summary of the required CR technician s actions on new court cases Detailed CR technician processing instructions are in I 4 151 through I 4 159 Upon receipt of a new court case the technician will verify the completeness of the record paginate all of the evidentiary and procedural documents in the record and prepare an index for the certified administrative record identify the type of certification needed retain the appeals file or temporary folder containing the OHA working papers and forward the claim file to the Reprographics Unit and upon receipt of the claim file or certified administrative record from reprographics associate the appeals file with the file returned by reprographics and send both files to the OCA file station The division clerk may at the discretion of the Division Director or the operations supervisor refer the claim file for CR technician assignment before the hearing transcript is returned by the contractor In

    Original URL path: http://www.severe.net/hallex4-150.html (2016-05-01)
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