II-6-6-42. COR 41 Request for Exhibits, Recording and/or EOT Received but Not Associated Prior to Release of AC Dismissal or AC Denial of R/ R of ALJ Dismissal

Last Update: 9/1/05 (Transmittal II-6-13)

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SOCIAL SECURITY ADMINISTRATION

_____________________________________________________________

Refer to: TAHB

[SSN]

[XSSN]

Office of Hearings and Appeals
5107 Leesburg Pike
Falls Church, VA 22041-3255]

[Representative's First Name, Middle Initial and Last Name]
[Address]
[City, State Zip
]

Dear [Mr./Ms. [Representative's Last Name]]:

Re: [Claimant's Name and Address]

On [insert date], the Appeals Council [denied] OR [dismissed] a request for review of the Administrative Law Judge's [decision] OR [dismissal] OR [decision and dismissal]. The Council has now received your request for [copies of exhibits] [and] / [,] [duplicate recording(s)] [and] [more time].

We are enclosing [specify enclosed material]].

[If exhibits and/or recordings are not available, replace above sentence or add as appropriate]:

You [also] asked that we send you [copies of the exhibits] [and] [duplicate recording(s)]. [Because the Administrative Law Judge dismissed the request for hearing, no exhibits were entered into the record.] AND/OR [The/Also, the] Administrative Law Judge did not hold a hearing in this case. Therefore, there is no hearing recording.]

You May Send More Information

You may send us more evidence or a statement about the facts and the law in this case.

Any more evidence must be new and material and about whether the dismissal was correct.

We Will Not Act For 25 Days

If you have more information, you must send it to us within 25 days of the date of this letter. We will not allow more time to send information except for very good reasons.

Our address and FAX number are:

ADDRESS:

Appeals Council
Office of Hearings and Appeals
ATTN: Branch [#], Suite [#]
5107 Leesburg Pike
Falls Church, VA 22041-3255

FAX:

[FAX #], Attn: Branch [#].

Put the Social Security Number shown at the top of this letter on your request.

If you send us anything by fax, do not send duplicates by mail. That may delay processing your claim.

What Happens Next

If we do not hear from you within 25 days, we will assume that you do not want to send us more information. The [Administrative Law Judge's decision] OR [determination dated [insert date]] will stand as the final decision of the Commissioner of Social Security on the application[s] dated [insert date(s)].

If You Have Any Questions

If you have any questions, you may call or write the Appeals Council. Our telephone number and address are shown at the top of this letter. If you do call, please have this notice with you.

 

[Name]

[Hearings and Appeals Analyst]

OR

[Branch Chief]

Enclosures:
[Identify enclosures]
Self-addressed envelope

cc:
[Claimant's Name]
[Address]
[City, State Zip]

[If claimant is unrepresented, letter will be addressed to claimant and “Re” line and “cc” will be deleted.]