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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-2-210

Chapter: I-2-4

Subject: Dismissals


This transmittal amends section I-2-4-45 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update information relating to revised determinations after a prehearing case review.

Explanation of Content and Changes

HALLEX I-2-4-45 is amended as follows:

I-2-4-45 A – We moved the information previously in the subsection to subsection B and changed the title to “When a Determination May Be Revised.” We incorporated information previously not in a subsection and added a reference to the Program Operations Manual System. We also added a reference to the HALLEX instruction for prehearing case reviews, as revised determinations are frequently a result of those reviews.

I-2-4-45 B – We retitled the subsection “When to Dismiss an RH” and incorporated information previously in subsections A and B in two sub-subsections. In sub-subsection B.1., titled “Revised Determination is Fully Favorable,” we updated the instruction and modified the language to more closely mirror changes to the regulatory language. In sub-subsection B.2., titled “Revised Determination Is Partially Favorable,” we updated and made editorial changes to the information.

I-2-4-45 C – We changed the title to “Notifying Other Components of Dismissal” and made editorial changes to the language.

I-2-4-45 D – We changed the title to “Receipt of Fee Petition When RH Dismissed for Revised Determination” to more accurately reflect the instruction provided. We made minor editorial changes to the language.

Date: August 3, 2017