Subject: Prehearing Analysis and Case Workup
This transmittal amends section I-2-1-50 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update processing instructions when the person who requested a hearing dies while the request for hearing is pending. We also made minor editorial and formatting changes.
We revised section I-2-1-50 as follows:
HALLEX I-2-1-50 A – We moved the information previously in the subsection to subsection B and changed the title to “General.” We explain that when there is a substitute party or qualified survivor, an administrative law judge (ALJ) cannot dismiss the request for hearing. We also provide a link to the instructions that explain when an ALJ can dismiss a request for hearing after the death of a claimant. We also incorporated some information previously in subsection C.
HALLEX I-2-1-50 B – We moved the information previously in the subsection to subsection C. We incorporated information previously in subsection A and removed information that was duplicative of information in HALLEX I-2-4-35.
HALLEX I-2-1-50 C – We moved some of the information previously in the subsection to subsection A and the remaining information to HALLEX I-2-4-35. We incorporated information previously in subsection B and explained that hearing office staff need not develop for a substitute party or qualified survivor if the claimant dies after a hearing has been held.
Date: December 29, 2014