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  • HALLEX - Severe.net
    no or very limited extensions of time in which to file answer see I 4 159 Exhibit A The priority for processing by the technician is as follows 1 HOT IN HOUSE Handle immediately and complete as soon as possible These cases are due in court the following day or are overdue The technician arranges for express mail delivery of copies directly to the U S Attorney or the OGC regional office 2 HOT Forward case to reprographics within 24 hours of assignment to the technician Reprographics will usually prepare copies the same day and forward to the OGC Answer Section for distribution 3 EXPEDITE Forward case to reprographics within 3 days of assignment to the technician 4 ROUTINE Forward case to reprographics no later than 5 days after assignment to the technician B Initial Screening General After receiving a case and checking its priority the technician performs a general review of the files to detect any procedural or technical errors which must be corrected before assembly of the administrative record can be completed The technician performs the preliminary review in order to identify any potential problems as early in the review as possible Before removing material from the claims file s the technician scans the summons and complaint to ascertain the type of claim being litigated and ensures that he or she has the appropriate claim file s needed to complete the administrative record C Procedural Review The technician ensures that the Appeals Council has responded to any evidence received within 60 days of its final action and there is a typed Appeals Council order for all Appeals Council exhibits See I 4 152 if any problems in the procedural record are identified D Review of Hearing Transcript The technician determines that there are typed transcripts of all relevant

    Original URL path: http://www.severe.net/hallex4-151.html (2016-05-01)
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  • HALLEX - Severe.net
    also make the certification of Social Insurance Award if any a part of the procedural portion if it was issued as a result of an ALJ or Appeals Council decision B Correspondence Normally Included in the Procedural Record In addition to the above documents the technician must also include correspondence in the procedural portion of the administrative record if it falls within the time frame of the record i e between the date of the request for hearing and the Appeals Council s last action on the case only if the ALJ or Appeals Council did not enter it as an exhibit The technician must read all correspondence to determine if it should be made part of the record Correspondence which may be part of the record includes letters between the ALJ or Appeals Council and the claimant or his or her representative letter from the claimant or his or her representative erroneously addressed e g to SSA but obviously intended for the ALJ or Appeals Council letter written on behalf of the claimant such as from the spouse letter from a member of Congress only if he or she is acting as representative for the claimant or submitting new evidence on behalf of the claimant covering letter for brief memorandum or deposition submitted by claimant s representative such letters are usually considered part of the document they forward and are referenced on the Index letter from SSA to claimant concerning payment or cessation during the appropriate time frame letter s to the vocational expert and or medical expert who appeared at the hearing letter to or from medical facilities if a copy was furnished to the claimant or his or her representative and subpoena to witness only if the individual testified and the witness response if available C Correspondence

    Original URL path: http://www.severe.net/hallex4-152.html (2016-05-01)
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  • HALLEX - Severe.net
    tape audit is necessary ä Spelling errors The technician corrects any spelling errors using caution with respect to medical terminology etc The technician must not alter the substance of any testimony ä Numbering errors If there are errors in the numbering of the pages the technician must line through the number shown and insert the correct number in pencil If a page does not have a number the technician must make it an A page ä Missing certifications Each transcript of oral hearing must include a certification with signature at the end If the contractor did not sign and certify the transcript the technician must refer it to the operations supervisor The operations supervisor must consult the Contracts Staff to arrange to have the contractor certify the transcript and return the transcript to the operations supervisor This does not delay preparation of the record unduly and the technician need not remove the case from their records but must simply note the action taken along with the date When the supervisor requests a certification he or she must enter the request and return dates on the Wang tracking document ä Inaudible portions of tape If the transcript contains inaudible or unintelligible portions in excess of three per page or portions the contractor did not type due to equipment malfunction the technician must send the tape of the hearing for audit Vocational expert testimony and medical expert testimony are vital and the transcription thereof must be as complete and accurate as possible Names of medications dosage description of medical treatment and description of work activity are also important B Requesting a Tape Audit If the technician decides audit of the tape is necessary he or she ä completes a Request for Tape Audit memorandum see I 4 159 Exhibit L ä places it on top of the case files and ä refers the case to the operations supervisor The operations supervisor reviews the memorandum and if he or she concurs with the request initials the memorandum and delivers the case to the Contracts Staff The supervisor notes the audit request and the date on the Wang tracking document After Contracts Staff audits and corrects the transcript they will return it to the technician who referred the case for audit C Insufficient Time to Obtain Tape Audit NOTE Do not send HOT cases to audit if the ALJ summarized the testimony in his or her decision consult operations supervisor if there is any question If audit is necessary the technician must ask the operations supervisor to find out if OGC will accept a partial record In some instances the technician may need to prepare the administrative record when the hearing transcript contains excessive inaudible or unintelligible portions For example auditing the tape may cause the Secretary to miss a court deadline Also the recording may be poor and the auditor unable to improve the hearing transcript or a recording equipment malfunction may prevent transcription of testimony which is not vital to the case

    Original URL path: http://www.severe.net/hallex4-153.html (2016-05-01)
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  • HALLEX - Severe.net
    OF PAGE EXHIBIT FOR LEGIBILITY If an exhibit consists of one page and it must be retyped for legibility the retyped page must contain the following notation 1 inch from the bottom of the page BEST TYPED COPY OF EXHIBIT FOR LEGIBILITY E Technician Procedures Following Return of Traced or Retyped Copies The technician must proofread all retyped material to ensure accuracy The technician must place any retyped pages in the record immediately in front of the original page The addition of BEST TYPED COPIES will not change the number of pages of the actual exhibit However the technician must number both the retyped pages and the original exhibit pages when he or she numbers the pages prior to printing see I 4 155 A The technician does not stamp BCO on any document which has been retyped for legibility Likewise the technician does not stamp BCO on any document originating within SSA F Translation of Exhibits The record must include an English translation of any document in a foreign language The technician must place the translation in front of the original document and change the number of pages shown on the exhibit list to reflect the number of translated pages If the exhibit list description does not show that the exhibit has a translation the technician must add the following after the description of the exhibit And Translation The technician takes any Spanish document needing translation to the operations supervisor who sends it for translation For documents in any language other than Spanish the technician takes a photocopy of the document to the analyst who handled the case and requests that he or she obtain a translation from Translation Services in Baltimore The technician must tell the division clerk to annotate the Wang OIS tracking document to show the request for translation NOTE The technician must not delay any HOT case for translation He or she must annotate the record that a translation is not available and indicate the deficiency on the transcript index The technician must prepare a supplemental transcript after he or she receives the translation G Duplicate Exhibits If there is a duplicate or partial duplicate exhibit the technician must mark the duplicate exhibit in pencil as follows Duplicate of Exhibit He or she must mark a partial duplicate as follows Duplicate of page Exhibit H Mounting Exhibits The technician must mount any document which is smaller than a standard letter 8 1 2 x 11 on bond paper using transparent tape Do not use staples The technician punches holes in the bond paper The document is then easier to refile in the claims file after reprographics completes the photocopying The technician must take care when mounting exhibits such as EKG tracings to ensure that they are in the correct sequence The technician indicates in pencil on the exhibit list the number of pages for that particular exhibit after he or she has mounted it If the technician cannot mount an exhibit with the heading at

    Original URL path: http://www.severe.net/hallex4-154.html (2016-05-01)
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  • HALLEX - Severe.net
    technician must number both sides of any document in the record which refers to the reverse side This includes Notice of Hearing Notice of Representative Appointment the initial determination letter and form letters to vocational experts and or medical experts If it is necessary to place a page number on a dark background the technician must place white tape on the page and numbers thereon For example part of the Medical History and Disability Report Form SSA 401 is shaded blue Because page numbers will not show up well if stamped directly onto this blue area the technician must place the number on white tape When page numbers from prior administrative records are in a current administrative record the technician lines through the old page number and renumbers the page B Indexing the Administrative Record The index to the administrative record is simply a listing of each item in the record and its location The technician does not prepare the index until he or she assembles all of the material and numbers the pages The index generally shows the following items in sequence ä Exhibit List ä procedural material in reverse chronological date order starting with the most recent dated item and ending with the earliest dated item ä the Transcript of Oral Hearing which appears out of date order and ä Exhibits which is always the last item on the index Number the index page at the bottom with i or ii for the second page and date in the lower left hand corner to correspond to the date of certification of the record If an index has two pages the technician types the claimant s name and account number on the second page in the same fashion used in the first page of the index The index describes

    Original URL path: http://www.severe.net/hallex4-155.html (2016-05-01)
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  • HALLEX - Severe.net
    Certification Guidelines 1 General The certification heading bears the district division if appropriate claimant and civil action number as docketed and shown on the complaint If the claimant s name is misspelled on the complaint spell it correctly on the certification The defendant will always be the current Secretary of Health and Human Services Use the standard certification see I 4 159 Exhibit H on all complete new court case records 2 Substitute Parties If a substitute party files the court action e g the widow the executor of the estate or someone acting on behalf of the claimant the certification heading must show the name of the plaintiff as the case was docketed in court However the index heading to the record shows the name of the claimant If the substitute party was pursing the claim while it was under the jurisdiction of SSA the substitute party appears on the index heading also These procedures also apply when a person files on behalf of another as well as when there are designated parties in interest 3 Reconstructed Records When the technician prepares an administrative record from a reconstructed file the technician must modify the certification to read full and accurate transcript of the reconstructed record of proceedings 4 Incomplete Records If a record is deficient and is not a full and accurate record of proceedings relating to the claim under litigation the technician must use a modified certification see I 4 159 Exhibit I and footnote any deficiencies on the index to the record as well as in the record where the deficiency appears Such deficiencies may include missing exhibits pertaining to the current claim missing transcript of oral hearing missing translation inaudible portions in the transcript of oral hearing which are significant in length or are the result

    Original URL path: http://www.severe.net/hallex4-156.html (2016-05-01)
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  • HALLEX - Severe.net
    on top of the record as shown in I 4 159 Exhibit J ä Place the entire administrative record in a manila folder and annotate the folder in bold print with the proper priority i e HOT IN HOUSE HOT EXPEDITE or ROUTINE as indicated in the chart in I 4 159 Exhibit A ä Complete the request for reprographic services see I 4 159 Exhibit D Obtain a requisition number from the operations supervisor The reprographic request form will serve as a route slip to direct the case to the Reprographics Staff and should be the top document Staple a copy of the form to the front of the appeals file or temporary folder containing the OAO working papers near the edge to allow easy visibility of the requisition number when the file is shelved in an upright position ä Complete a route slip in duplicate showing proper disposition of the claim file Staple the original route slip to the claim file and place a copy in the appeals file ä Complete a SSADARS control sheet reflecting transfer of the claim file to the destination shown on the route slip ä Request the clerk to annotate the Wang to show that the file is being sent to the Reprographics Staff ä Rubber band the claim file and the manila folder containing the administrative record together and place them in the cart or out box designated for pickup by reprographic personnel If the technician needs to retain the claim file in order to obtain missing material for preparation of a supplemental record see I 4 154 K ä Retain the appeals file or temporary folder containing OAO working papers File these according to the requisition number to await receipt of the OHA copy of the record from the Reprographics Staff

    Original URL path: http://www.severe.net/hallex4-157.html (2016-05-01)
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  • HALLEX - Severe.net
    administrative record CAR has already been filed with the court any subsequent certification is referred to as a supplemental CAR With respect to new court cases a technician must prepare a supplemental CAR in the following situations ä When the technician prepared and released an incomplete CAR and the technician obtains the missing material The material may consist of an exhibit or exhibits the translation of an exhibit or the transcript of an oral hearing ä When a portion or portions of a CAR is illegible the technician supplements the CAR with copies which have been retyped traced or simply are more legible ä When a portion of testimony in the transcript of oral hearing was inaudible or untranscribed the court may direct the Secretary to supplement the CAR with a new transcript of that portion of the hearing testimony after audit of the tape ä When the technician inadvertently omitted a document from the CAR the technician must prepare a supplemental CAR to complete the record before the court ä When some pages were omitted from the CAR because of an error in the printing process The technician will not prepare an index for a supplemental CAR consisting of one document however those comprised of more than one document must have an index The technician will number a supplemental CAR by continuing the sequence started with the original CAR For example if the original CAR ended with page 201 the first page of the first document in the supplemental CAR will be page 202 The language in supplemental certifications varies depending upon the situation as shown in the following examples 1 Supplemental CARs may consist of material that was not available when the original CAR was prepared ä One exhibit or document hereby certify that the document annexed hereto is a true copy of Exhibit 18 a medical report from H Jones M D dated July 17 1986 which was not available when the administrative record in the case of John Doe was certified on December 2 1988 ä More than one exhibit or document hereby certify that the documents annexed hereto are true copies of Exhibits 4 7 described on page i herein which were not available when the administrative record in the case of John Doe was certified on December 2 1988 ä Transcript of oral hearing hereby certify that the document annexed hereto is a true and accurate transcript of the oral hearing held May 24 1987 which was not available when the administrative record in the case of John Doe was certified on March 24 1988 ä Translation of document hereby certify that the pages annexed hereto consist of a duplicate copy of Exhibit 19 and the translation thereof which was not available when the administrative record in the case of John Doe was certified on March 24 1988 2 Certifications of supplemental CARs may be needed to correct other deficiencies ä Corrected transcript of oral hearing hereby certify that the document annexed hereto is

    Original URL path: http://www.severe.net/hallex4-158.html (2016-05-01)
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