II-6-9-2. CREV 23 Assume Jurisdiction After Receiving Exceptions - AC is Prepared to Consider Issue(s) Not Raised in Exceptions or Not Considered by the ALJ and Proposes to Remand (Sentence 4 and 6 Court Cases)

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

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] v. Commissioner of Social Security U.S.D.C. for the [selects District, if appropriate] District of [State] [,] [Division] Civil Action Number [enter number]

This is about the Administrative Law Judge's decision dated [insert date]. We are assuming jurisdiction of the case under our rules.

What We Considered

After receiving exceptions to the Administrative Law Judge's decision, we considered the reasons you disagree with the decision. We also looked at all of the issues considered in the decision whether or not the Administrative Law Judge ruled on them in your favor.

If AC is considering issues not considered in the ALJ's decision insert:

We are considering additional issues not considered by the Administrative Law Judge. [Insert statement of additional issues.]

What We Plan To Do

We plan to send your case back to an Administrative Law Judge for more action and a new decision.

Why We Are Taking This Action

[Enter the rationale for the AC proposed action including reference to any issues not raised in the exceptions which the ALJ will be asked to consider.]

We Will Not Act For 30 Days

You may send us a statement about the facts and the law in this case within 30 days of the date of this letter. We assume you received this letter 5 days after the date on it unless you show us that you did not receive it within the 5-day period.

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 30 days, we will assume that you do not want to send us more information. We will then send your case back to an Administrative Law Judge.

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]
	Administrative Appeals Judge

	[Name]
	Administrative Appeals Judge

Enclosure[s]:

Self-addressed envelope

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

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

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