POMS Reference

DI 425: Court Cases

TN 37 (11-94)

A. Procedure - searching

1. Analysis of search efforts

Review the folder(s) located and the FACTS, OHAQs, and SSIRDs to determine that all State of New York claims have been located or otherwise accounted for. For those that are located, review the file to see if it contains the relevant evidence.

2. Claim found

  1. Document the Folder Retrieval Worksheet to show that the claim(s) was found.

  2. If an office has the State of New York claim (usually OHA) but will not release the folder, document the worksheet.

  3. Place all search material, including the worksheet and queries, in a jacket.

3. Claim/Evidence could not be located

  1. Document the worksheet to show what claim or evidence is missing.

  2. If an office has a current claim for a responder in process, do not request the folder. Instead, document the worksheet.

B. Procedure - general

1. Disposition of jacket

After all actions are completed:

  1. Place all search materials, including the Folder Retrieval Worksheet, in a jacket or the folder(s), if available.

  2. Route the jacket or any claims folders that were located for screening (see DI 42594.015).

  3. Annotate the route slip “State of New York Case - See Folder Retrieval Worksheet in File.”

2. Lost folders

ODIO - Retrieve available folder(s), then ascertain whether missing folder is State of New York folder by determining whether determination date on SSA-831-U3/C3 is on or after June 1, 1980.

  1. If missing folder is State of New York folder, PC - Follow DI 42594.015 A.6.a.-d. above.

  2. If missing folder is not State of New York folder, ODIO - Do not follow DI 42594.015 A.6. above. ODIO - Annotate alert “State of New York folder located - unable to locate other folder.”

3. Current claim pending at ALJ level

If a current claim is pending at ALJ level:

  1. ODIO - Notify OHA by phone or teletype that State of New York review will be necessary if the case is screened in.

  2. If OHA screening jurisdiction, ODIO - Send State of New York folder to OHA for screening. If the folder is screened in and the claimant's current claim is pending at the ALJ level, the State of New York case will be sent to the ALJ.

4. Current claim pending at initial or recon level

If a current claim is pending at initial or recon level:

  1. ODIO - Notify FO or DDS by phone or teletype that a State of New York review will be necessary if the case is screened in and that, therefore, they may be asked to stop processing the current claim pending consolidation with the State of New York folder. Note the exception in DI 42594.015B.5., above.

  2. ODIO - Send State of New York folder to the NY DDS, with instructions for the DDS to expedite screening. If current claim is pending in a DDS other than NY, follow DI 42502.001 since the NY DDS has jurisdiction for State of New York readjudications.

    • If the case is screened in, the DDS will combine the claims and expedite review of the entire period.

    • If the case is screened out, processing of the current claim will be resumed.