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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-2-144

Chapter: I-2-6

Subject: Conduct of Hearings


This transmittal amends section I-2-6-52 of the Hearings, Appeals and Litigation Law (HALLEX) manual to clarify the effect of a waiver of the right to representation at an administrative law judge (ALJ) hearing when the claimant submitted the waiver at a prehearing conference (PHC). These changes were necessary for consistency with recent revisions to HALLEX I-2-1-75.

Explanation of Content and Changes

In addition to minor editorial changes throughout the provision, HALLEX I-2-6-52 was updated as follows:

I-2-6-52 B – We added a NOTE to explain that if the ALJ or a designee conducted a PHC and provided information relating to the right to representation at the PHC, the ALJ may adopt that information by reference at the hearing. However, we clarified that if the claimant submitted a waiver of representation at the PHC, the ALJ must re-affirm on the record during the hearing that the claimant understands the waiver and does not wish to revoke the waiver.

Date: May 4, 2015