§ 5104B. Higher-level review by the agency of original jurisdiction

• (a)
  • (1) A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction.
  • (2) The Secretary shall approve each request for review under paragraph (1).
• (b)
  • (1) A request for higher-level review by the agency of original jurisdiction shall be—
    • (A) in writing in such form as the Secretary may prescribe; and
    • (B) made within one year of the notice of the agency of original jurisdiction’s decision.
  • (2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
• (c) Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—
  • (1) reflecting whether evidence was not considered pursuant to subsection (d); and
  • (2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.
• (d) The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
• (e) A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.