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II-6-1-41. SAMPLE Memo to Hearing Office to Consider Reopening Following AC Denial of R/R (Use With Denial SP 9A)

	SOCIAL SECURITY ADMINISTRATION _____________________________________________________________
	Refer to: TAHB [SSN] [XSSN]	Office of Hearings and Appeals 5107 Leesburg Pike Falls Church, VA 22041-3255 Telephone: 703-605-8000 Date: [Month, Day, Year]

The Appeals Council denied the claimant's request for review and advised the claimant that [his/ her] request for reopening would be referred to the Administrative Law Judge for further action. A copy of the Appeals Council's notice is attached.

Your decision dated [insert date] establishes disability beginning [insert established onset date] based on [an] application[s] filed on [insert application(s) date(s)]. However, the claimant filed [a] prior application[s] on [insert date(s)]. The claimant has requested reopening and revision to permit entitlement and payment based on the prior application[s].

Please consider and rule on the claimant's request for reopening, providing appropriate rationale for your ruling consistent with 20 CFR 404.987 - 989 and/or 20 CFR 416.1487 -1489; HALLEX I-2-9-40, I-2-9-70 and I-2-9-80; and HALLEX TI 5-1-8.

The Appeals Council is retaining the claim file for at least 120 days because the claimant may file a civil action. If you find that you are unable to rule on the request for reopening without the claim file, please call Branch [#] at [insert phone number] to make arrangements to obtain the file or a copy of it.

Attachment[s]:
Copy of Appeals Council Notice/Order
[Identify evidence/information being referred]

cc:
RCALJ, [Enter city and state]
[Claimant's Name]
[Address]
[City, State Zip]

[If there is a representative, insert:
[Representative's Name]
[Address]
[City, State Zip]

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