MENU

SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume I

Transmittal No. I-2-43

Chapter: I-2-000 and I-2-300

Subject: Initial Processing of a Request for Hearing and Scheduling and Notice of a Hearing

Action Note

In HALLEX Volume I, Division 5, delete Temporary Instructions (TI) 5-110, Limitation on the Amount Available to Reimburse Representatives for Travel to Attend Hearings Under Section 5106(c) of Pub. L. No. 101-508, dated July 30, 1991.

Background

Section 5106(c) of the Omnibus Budget Reconciliation Act of 1990 (OBRA '90), Pub. L. No. 101-508, enacted November 5, 1990, amended §§ 201(j), 1631(h), and 1817(i) of the Social Security Act to provide that:

The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over the proceeding.

TI 5-110 outlined the policy and implementing procedures for determining the amount available for payment for representatives' travel expenses. It also included procedures for modifying notices regarding reimbursement for a representative's travel expenses.

TI 5-110 was made obsolete by the issuance of detailed instructions in the SSA Administrative Instructions Manual System (AIMS) on June 15, 1992. AIMS Instruction No. 26 updated Chapter 07 Travel of the Financial Management Manual to incorporate the OBRA '90 amendment.

Explanation of Content and Changes

This transmittal revises sections I-2-070 A. and I-2-072 G. to make the language consistent with the statutory change in the regulations at §§ 404.999b and 416.1496 which state that we may (not will) reimburse claimants, representatives and unsubpoenaed witnesses for certain travel expenses.

It also revises sections I-2-090, Sample 4, ENCLOSURE — REIMBURSEMENT OF TRAVEL EXPENSES, and I-2-310 H., Reimbursement of Travel Expenses, to include a statement regarding the OBRA amendment. Detailed instructions are included in HALLEX by reference to AIMS Chapter 07.

Remove

Remove from Chapter I-2-000:

I-2-060 B. cont., and I-2-070 C., dated June 30, 1994 (2 pages).

I-2-072 F. 1. cont., and I-2-072 F. 2. cont., dated June 30, 1994 (2 pages).

I-2-090 Samples, Sample 3 and Sample 4, dated June 30, 1994 (2 pages).

Remove from Chapter I-2-300:

I-2-301 Scheduling and Notice of Hearing — General, and I-2-310 cont., dated June 30, 1994 (2 pages).

I-2-310 G., and I-2-310 H. cont., dated June 30, 1994 (2 pages).

Insert

Insert in Chapter I-2-000:

I-2-060 B. cont., and I-2-070 C., dated February 21, 1997 (2 pages).

I-2-072 F. 1. cont., and I-2-072 F. 2. cont., dated February 21, 1997 (2 pages).

I-2-090 Samples, Sample 3, dated June 30, 1994, and I-2-090 Samples, Sample 4, dated February 21, 1997 (2 pages).

Insert in Chapter I-2-300:

I-2-301 Scheduling and Notice of Hearing — General, dated February 21, 1997, and I-2-310 cont., dated June 30, 1994 (2 pages).

I-2-310 G., dated February 21, 1997 and I-2-310 H. cont., dated June 30, 1994 (2 pages).

Date: February 21, 1997