.02 Pre-hearing Conference Follow-up
(04/01/16 - 05/31/16)
Never ask the appellant to complete a request to withdraw the hearing when the appellant no longer disputes either of the following:
Benefit levels
The determination
When the appellant wishes to withdraw from the hearing, refer the appellant to the Appellate Services Administration (ASA).
Do not request a hearing withdrawal when one of the following occurs:
The case file(g) cannot be located.
The overpayment is incorrect.
The case requires correction.
When the review of the circumstances indicates that the case needs correction, complete the following:
The Request to Vacate and Remand (FAA-1389A) form.
Send the form to the ASA, Office of Appeals. Do not correct the case until a response is received from ASA that indicates the matter was vacated and remanded for correction.
When a resolution is not reached during the pre-hearing conference, continue processing the hearing request.