An affidavit in support of a motion to dismiss on jurisdictional grounds (e.g., claimant failed to exhaust administrative remedies, failed to file the complaint timely or did not receive a decision on the merits of his/her claim); or
A memorandum requesting that the court remand the claim to SSA.OHO will then return the Title II claim folder(s) to the appropriate PC. Title XVI claim folder(s) will be forwarded to the servicing FO waiting for the court to issue an order and judgment in the case.
NOTE: Upon receipt of the claim folder, FOs must update the UAPU screen from the APPE segment on the SSR in non-MSSICS cases (see MSOM BUSSR 002.009) and the ACAD screen for MSSICS cases (see MSOM MSSICS 020.004) to reflect an appeal pending at the court level (appeal type "4" for court case).
Also, if the FO receives trailer material; i.e., documentation that was not used by the AC or the ALJ when making the final decision that is being reviewed by the court, and the court case is:
Title II or concurrent, the FO should forward the trailer material to the PC; or Title XVI only;the PC/FO will create a temporary folder for the documentation until the claim folder(s) is returned by OHO.
If the PC/FO receives a SSA-831 that requires benefit effectuation because a new application was filed and allowed, see GN 03106.090, be sure both OGC and OHO are notified of the subsequent allowance by memorandum as required in GN 03106.095B.5.c.