Subject: Obtaining Evidence
This transmittal amends chapter I-2-5 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update information relating to prehearing case reviews by other components and remands for revised determinations.
HALLEX I-2-5 is amended as follows:
I-2-5-10 A – We made minor editorial and formatting changes to the existing language to more closely mirror the language in 20 CFR 404.941 and 416.1441. We moved language relating to scheduling a hearing and prehearing conferences to subsection C.
I-2-5-10 B – We changed the title to “When an ALJ May Refer a Case for Prehearing Case Review” to more accurately reflect the information in the section. We made minor language changes to more closely mirror the language in the regulations.
I-2-5-10 C – We removed the information previously in subsection C as it was duplicative of information in HALLEX I-2-4-45, and we replaced it with a reference to that section. We retitled the subsection “When to Schedule a Hearing After a Case Is Sent for Prehearing Review” and incorporated information previously in subsection A related to a delay in scheduling a hearing. We also updated the language to more closely mirror the language in the regulations. Additionally, we added a previously missing instruction related to retaining the case in Master Docket during a prehearing case review. We also incorporated a NOTE, previously in subsection A, regarding prehearing conferences.
I-2-5-10 D – We changed the title to “Transmitting a Paper Claim(s) File” for consistency with other HALLEX instructions and updated the information.
I-2-5-10 E – We removed the section in its entirety as it was duplicative of instruction in HALLEX I-2-4-45.
I-2-5-12 – We changed the title to “Remand for Revised Determination” to more closely mirror the language in 20 CFR 404.948(c) and 416.1448(c).
I-2-5-12 A – We added subsection A titled “When to Remand for a Revised Determination” and updated the language to more closely mirror the language in 20 CFR 404.948(c) and 416.1448(c). Additionally, we clarified that an administrative law judge (ALJ) will only use the procedures when, in addition to the regulatory requirements, the action would be more administratively efficient. We also added information to more clearly distinguish remands for revised determinations from prehearing case reviews.
I-2-5-12 B – We added subsection B titled “Procedures” and added previously missing instruction for preparing a remand order. We updated language related to a claimant's objections to the remand to more closely mirror that of the regulations. We added a NOTE to incorporate a previously missing instruction for re-obtaining jurisdiction if the ALJ finds, based on an objection, that he or she should not have remanded the case. We also added a previously missing instruction for dismissing the request for hearing in the Case Processing and Management System. We removed information related to remands involving mental impairments as those regulations have been updated and now reference 20 CFR 404.941 and 416.1441 procedures.
Date: August 3, 2017