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B-171969 1 (1973-11-14)

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CO)rTROI.FP OFflitAL OF THE UNITED STArS
           WASHINGTON, D.C. DI45


-  .             DmB171969    -.-                 oirevtbcr 14, V73               a    .-A
-         • ,•.        --           - .


lhr. John Gordon' Underwood
Administrative Law Judg  .   -
Burenu of Hearings and Appealhs
Social eccurity Administration
1325 G Street, N. W.
Wehiragton D,  0C20005

iDear Mr. Underwoods
9        9
      Reference is madi to your letter #f March 16, 1973, to
 the Regional Representative, Bureau of Hearlg and Appealo
 (011A), Social Security Administration# with related cor-
 respondence, which was received in our Offica September 10,
 1973.  The correspondence concerns your claim for mil.eage
 and per diiemincident to your attendanceat the administrative
 law Judge'. 6rientation and training courza in Arlington,
 Vircinia, for the period August 28, 1972, through October 13#
 1972.  Your claim was denied administratively and you apparently
 requost our review.

      The letter indicated that prior to acceptance of the
 appointment a on Adminiotrativo Law Judge, you injured your
 back and wre cautLone'd by a neurosurgeon to avoid driving for
 several months in.orddr to allow it to heal. li view of the
 above warning, the status of your physical condition was
 conveyed to tre Swain (BHA), who requeated and xeceived tentative
 approval from the Philadelphia Regional Officef 'ar you to stay
 In Atltngton Monday through Thursday night t, avoW the 120
 mile round trip 4ach day from your home in.S6vernao Park, Maryland,
 to Arlington.  Your letter furth*r iudicateu ,hat on tMh basis
 of that approvalp you resided in Arlington during t.s vee). and
 as a result thereof, incurred lodging, meal  rid miscellaneous
 expensea for .which you seek reimbursement.  Your travel voucher
 was adminiattatively disapproved because your travti order did
 not authorize per diem. Upon administrative review the dis
 6llowanceswas sustained on the ground that you couliW have made
 les costly arrangments for your attendance nt the eourse.


                  . With respect to your claim for per diem, there Is no
               requirement of law that such allowance be authorized- upon
                assignmeut to a temporary duty station, B')6d637, July 15, 1970.
                The deterriieation as to the ellc,xce of pev Jtcm is within the
  -.          . discretionary authority of the  uainitrativo' agency I:oncor1ed,
                I-156699, Hay 241 1965o.                   ...
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