I-3-1-52.Recording Audit Requirements

Last Update: 10/21/14 (Transmittal I-3-77)

When processing a request for review, an analyst (or when applicable, other assigned staff) must audit the entire hearing recording(s) when:

  • A request for review involves an allegation of an unfair hearing;

  • The analyst is recommending that the Appeals Council grant review and issue a less than fully favorable decision; or

  • The adjudicator requests an audit of the entire hearing recording.

An analyst or assigned staff must audit portions of the hearing recording(s) when:

  • A claimant or representative raises specific contentions regarding testimony given at hearing, expert witness testimony, or the administrative law judge's treatment of certain hearing testimony;

  • The decision rationale is insufficient regarding expert witness testimony; or

  • The adjudicator requests an audit of certain portions of the hearing recording.

NOTE:

In evaluating whether an unrepresented claimant specifically requested an audit of the hearing recording, analysts must consider the claimant's ability to articulate contentions (e.g., literacy, level of education, or presence of a mental impairment that may affect the claimant's ability to pursue his or her claim).

Unless required as above, an analyst must perform a spot check audit of the hearing recording to ensure the hearing recording is audible.

When the case has been remanded from court, the analyst will use the recording audit requirements in Hearings, Appeals and Litigation Law manual I-3-1-101.