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  • HALLEX - Severe.net
    MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Exhibit B OCA Summons and Complaint Transmittal Sheet TABLE TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Exhibit C OGC Certified Administrative Record Transmittal Sheet TABLE TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Exhibit D Transcript Contractor Report TABLE TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Exhibit

    Original URL path: http://www.severe.net/hallex4-169.html (2016-05-01)
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  • HALLEX - Severe.net
    the second group i e the two middle digits 45 and place the file in numerical sequence according to the two middle digits Thus the following cases would be correctly filed 321 44 7 789 123 45 6 789 321 46 5 789 If there are one or more files on the shelf with 789 as the terminal digits and 45 as the second group the clerk would look to the third group i e the single digit immediately preceding the three terminal digits to determine the correct sequence The following cases would be correctly filed 321 45 5 789 123 45 6 789 012 45 7 789 If there is more than one file on the shelf with identical fourth second and third groups the clerk will look at the first group to determine the proper filing sequence as in the following example 122 45 6 789 123 45 6 789 132 45 6 789 Because misfiles cause undue delay in retrieving files from the shelves the clerk must take great care to ensure absolute accuracy in filing Whenever the file clerk notices a misfiled case he or she must immediately remove the misfiled case and refile it in it s correct sequence The file clerk must check the files daily for misfiles B Retrieving Files Personnel from the operating divisions and DLAI may retrieve files directly or request that the file clerk retrieve the file Other OHA components do not have direct access and must submit a request to the file clerk for a file The requester must complete a File Station Request Form see I 4 199 Exhibit K and send or handcarry the form to the File Station In priority situations the requester may phone the File Station instead of completing the request form When removing a file from the shelf the individual removing the file must complete a chargeout withdrawal card see I 4 199 Exhibit L The individual then removes the file from the shelf and places the withdrawal card in that exact location The file clerk will route files to the requesters through the OCA mailroom or the OHA mail messenger The file clerk must process requests for files daily and send the files to the requester the same day or the day after the File Station receives the request The file clerk must code out any SSI claim file If an OCA operating division directly retrieves an SSI claim file that division must also enter the file movement on the SSADARS system In the event the file clerk cannot find a file he or she must note this on the request form and return the form to the requester C Associating Court Orders with Court Cases The operating divisions send copies of all summary judgments to the File Station for association with the cases on the shelves The file clerk arranges these orders in terminal digit order of the SSN and ä pulls the files from the shelf ä places the order

    Original URL path: http://www.severe.net/hallex4-170.html (2016-05-01)
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  • HALLEX - Severe.net
    certified administrative record If OCA advises the Answer Section that the Appeals Council believes remand should be sought the initial response will take the form of a motion for remand which must show good cause for seeking remand The Answer Section also prepares motions to dismiss for failure to exhaust untimeliness and res judicata when OCA prepares an affidavit to support such a motion The Answer Section forwards the suggested initial response to the U S Attorney in the district court s jurisdiction for filing with the court B Preparation of Briefs and Other Filings Following the Secretary s initial response to the complaint the next step is usually to file a motion for summary judgment and an accompanying brief In most cases the OGC Regional Offices prepare these materials Each of the ten HHS Regions has an OGC office headed by the Chief Counsel for that Region See I 4 199 Exhibit N for a map of the HHS Regions and I 4 199 Exhibit O for a directory of OGC Chief Counsels in the Regions In some instances the Social Security Division of OGC in Baltimore prepares the materials See I 4 199 Exhibit P for the Social

    Original URL path: http://www.severe.net/hallex4-180.html (2016-05-01)
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  • HALLEX - Severe.net
    claimant who is dissatisfied with the administrative determination on his or her claim The Office of Civil Actions assists the Appeals Council in processing cases in which a civil action has been filed 2 One function of the Appeals Council is to act on requests for review of hearing decisions made by Administrative Law Judges and to either grant deny or dismiss any such request Under the regulations of the Social Security Administration if the Appeals Council denies a timely request for review of a hearing decision that hearing decision thereupon becomes the final decision within the meaning of and subject to the provisions for judicial review in section 205 g of the Social Security Act as amended 42 U S C section 405 g the first sentence of which reads as follows Any individual after any final decision of the Secretary made after a hearing to which he was a party irrespective of the amount in controversy may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow 3 Social Security Administration Regulations No 4 section 404 957 20 CFR 404 957 and No 16 section 416 1457 20 CFR 416 1457 provide s that a request for a hearing may be dismissed either entirely or as to one or more issues on the basis of res judicata Subsection c 1 of the above regulation s provide s as follows The doctrine of res judicata applies in that we have made a previous determination or decision under this subpart about your rights on the same facts and on the same issue or issues and this previous determination or decision has become final by either administrative or judicial action Sections 404 958 and 404 959 of Regulations No 4 20 CFR 404 958 and 404 959 and Sections 416 1458 and 416 1459 of Regulations No 16 20 CFR 416 1458 and 416 1459 direct that notice of any such dismissal and the right to request review thereof by the Appeals Council shall be given to all parties and that such dismissal shall be final and binding on the parties unless vacated 4 Section 404 967 of Regulations No 4 20 CFR 404 967 and Section 416 1467 of Regulations No 16 20 CFR 416 1467 provide s that when a hearing decision has been made or a request for hearing dismissed any party thereto may request the Appeals Council to review such decision or dismissal 5 I am responsible for the processing of claims under Title s of the Social Security Act as amended whenever a civil action has been filed in the State of The official file maintained by the Office of Hearings and Appeals relating to the claim of the plaintiff under Title s of the Social Security Act is presently within my custody and has been examined under my supervision To the best of my knowledge and belief said file shows that typed name of Division Director Subscribed and sworn to before me this day of 19 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA EXHIBIT H1 FILL IN DRAFT AFFIDAVIT AMOUNT IN CONTROVERSY LESS THAN 1 000 TITLE XVIII NON PRO CASES IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DIVISION Plaintiff vs LOUIS W SULLIVAN M D SECRETARY OF HEALTH AND HUMAN SERVICES Defendant CIVIL ACTION NO AFFIDAVIT OF COMMONWEALTH OF VIRGINIA ss I being first duly sworn depose and say as follows 1 I am the Director of Division of the Office of Civil Actions Office of Hearings and Appeals Social Security Administration Department of Health and Human Services The Office of Hearings and Appeals includes the Appeals Council and Administrative Law Judges who hold hearings on claims arising under Title XVIII of the Social Security Act as amended when such hearing is duly requested by a claimant who is dissatisfied with the administrative determination on his or her claim The Office of Civil Actions assists the Appeals Council in processing cases in which a civil action has been filed 2 One function of the Appeals Council is to act on requests for review of hearing decisions made by Administrative Law Judges and to either grant deny or dismiss any such request Under the regulations of the Social Security Administration if the Appeals Council denies a timely request for review of a hearing decision that decision thereupon becomes the final decision of the Secretary within the meaning of and subject to the provisions for judicial review in section 1869 b of the Social Security Act as amended 42 U S C section 1395 ff which reads in pertinent part as follows Any individual dissatisfied with any determination as to the amount of benefits under part A or part B shall be entitled to a hearing thereon by the Secretary and to judicial review of the Secretary s final decision after such hearing as is provided in section 205 g Notwithstanding the above judicial review shall not be available under part A or part B to the individual if the amount in controversy is less than 1 000 3 I am responsible for the processing of claims under Title XVIII of the Social Security Act as amended whenever a civil action has been filed in the State of The official file maintained by the Office of Hearings and Appeals relating to the claim of the plaintiff under Title XVIII of the Social Security Act is presently within my custody and has been examined under my supervision To the best of my knowledge and belief said file shows that typed name of Division Director Subscribed and sworn to before me this day of 19 NOTARY PUBLIC Commonwealth of Virginia EXHIBIT H2 FILL IN DRAFT AFFIDAVIT AMOUNT IN CONTROVERSY LESS THAN 2 000 TITLE XVIII PRO CASE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DIVISION Plaintiff vs LOUIS W SULLIVAN

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    a search phrase and then press the Search button If any matches are found they will be displayed Double click on a match to jump to the page Sorry but

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