Background

This transmittal amends section I-2-4-40 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update the list of common changes in issues to which administrative res judicata does not apply.

Explanation of Content and Changes

I-2-4-40 – In part D, we updated the list of common changes in issues to which administrative res judicata does not apply, in order to reflect more recent changes in medical listings documented in Program Operations Manual System (POMS) DI 27516.010. In part E, we updated the title to include both determinations and decisions. In part F, we updated a citation regarding exceptions to res judicata based on incorrect, incomplete, or misleading information from POMS DI 27516.010 to POMS DI 27516.001. In part K, we updated the dates in Example 1 for consistency with those listed in POMS DI 27516.010. We also made some minor editorial corrections.

Date: August 13, 2020