Background

This transmittal amends section I-2-9-70 of the Hearings, Appeals and Litigation Law manual by updating the procedures that protesting components use to protest decisions at the hearing and Appeals Council levels of the administrative review process.

Explanation of Content and Changes

I-2-9-70 – In subsection A, we distinguished between title II and title XVI protesting components and updated references to Program Operations Manual System (POMS) sections. We updated A.1. to clarify that it applies only to title II claims, changed “protesting component” to “effectuating component,” and updated references to POMS sections. We also added a NOTE to an existing paragraph to clarify when it is appropriate to contact the Appeals Council. In B.2., we clarified that the email procedures apply to both paper and electronic claim(s) files. In addition, we moved information previously contained in B.2. regarding electronic claim(s) files to B.3. We moved the information previously in B.3. to new subsection B.4. In addition, we clarified that a protest memorandum will be uploaded to section “B” of an electronic claim(s) file, if available, even if the official claim file is paper.

Date: September 27, 2018