I-3-1-99.Exhibit - Recording Audit Requirements

Last Update: 9/08/05 (Transmittal I-3-36)

NOTE:

The procedures for audit of recordings have been temporarily changed (See June 20, 1997 memorandum from the then Acting Deputy Chairman of the Appeals Council (I-3-1-100 Exhibit).

TYPE OF ACTION

AUDIT REQUIRED

NOTES REQUIRED

Unappealed Review Cases

Own Motion Recommendation for Reversal or Remand

Full audit

Expert testimony*

Effectuation

AAJ discretion

None

Request for Review Cases

Unfair hearing allegation

Full audit

Complete notes

Grant review to issue a less than fully favorable decision

Full audit

Expert testimony*

Grant review to issue a fully favorable decision

Not required if recommendation is fully supported by the documentary record

Analyst's discretion

Remand

Spot audit of complete recording plus full audit of expert testimony

Expert testimony*

Deny Request for Review (no unfair hearing allegation)

Expert testimony (other than VE - ME, TP, etc.)

VE testimony except when unnecessary (e.g., denial based on SGA, etc.)

Medical testimony*

VE testimony except when unnecessary *

(If VE testimony was unnecessary, explain in recommendation why recording was not audited.)

* If the ALJ has accurately summarized the testimony in his/her decision, the audit notes should simply state this fact and refer the Council to the relevant pages of the decision.