Subject: Prehearing Analysis and Case Workup
This transmittal amends chapter I-2-1 of the Hearings, Appeals and Litigation Law (HALLEX) manual to clarify prehearing proffer and waiver of the right to a hearing procedures.
HALLEX I-2-1 is amended as follows:
I-2-1-45 – We removed subsection E as the information was incorporated in HALLEX I-2-1-82. We clarified in subsection B that a waiver to be party to a hearing must be in writing, added a missing hyperlink, and added a reference to travel reimbursement instructions in subsection D.
I-2-1-75 E – We removed unnecessary language regarding prehearing proffer in subsection E as the information was incorporated in HALLEX I-2-5-29. In place of the removed language, we inserted a cross reference to that section.
I-2-1-82 – We added a section titled “Claimant Waives the Right to Appear at the Hearing” and incorporated the information previously in HALLEX I-2-1-45 E. We clarified that a waiver of the right to appear at a hearing must be submitted in writing and signed by the claimant, and must be made voluntarily and knowingly, as explained in Social Security Ruling 79-19. We clarified that the checkbox on form HA-501 does not constitute a “knowing” waiver. We also updated references to proffer procedures consistent with other HALLEX changes.
Date: April 1, 2016