Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-2-1 to clarify policy for the consideration of evidence at the hearing level based on the final rule published in the Federal Register at 81 FR 90987. This new rule establishes nationally consistent procedures for case processing and removes the existing regulations in 20 CFR Part 405.

Explanation of Content and Changes

I-2-1-40 – We make minor editorial changes, update citations, and include a reference to HALLEX I-2-3- 25.

I-2-1-75 – We remove references to the regulations in 20 CFR Part 405. In subsection A, we also clarify that an administrative law judge (ALJ) will not dismiss a request for hearing based solely on a claimant's failure to attend a prehearing conference. We also make minor changes throughout the section.

I-2-1-82 – We remove references to the regulations in 20 CFR Part 405. In subsection A, we also add a Note to clarify that an ALJ will consider all evidence received on or before the date of the hearing decision if a claimant waives the right to appear at the hearing and no hearing was held. We also make minor changes throughout the section.

Date: May 1, 2017