Last Update: 9/28/05 (Transmittal I-2-68)
The ALJ, or the HO staff under the ALJ's direction, may request the servicing field office (FO) to assist them in obtaining needed evidence if attempts to obtain the needed evidence through the claimant and the claimant's representative, or directly from the source, are unsuccessful.
To request FO assistance, the ALJ or the HO staff will prepare a memorandum to the manager of the servicing FO which includes:
a specific request for assistance;
the location of the source;
the reason the information is needed;
the name and telephone number of a person in the HO that the FO can contact if they have any questions or problems; and
a reasonable due date.
Send copies of the memorandum to the claimant and the representative, if any, to inform them of the request for FO assistance.
Place a copy of the memorandum in the CF.
Diary the request based upon the due date indicated in the memorandum. Make follow-up contacts with the FO if the requested evidence is not received by the diary date.
When evidence requested through the FO is not received, or is inadequate or incomplete, the HO staff will contact the FO by telephone, fax or email to ascertain why the evidence was not provided, or is inadequate or incomplete. If the ALJ is not satisfied with the reasons given by the FO, and the evidence is essential, the ALJ may request RO assistance.