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Office of Hearings and Appeals

Volume I

Transmittal No. I-2-59

Chapter: I-2-4

Subject: Dismissals


This transmittal clarifies and updates the procedures relating to dismissals contained in HALLEX Chapter I-2-4. These changes eliminate outdated references to Black Lung Benefits and the Medicare program. The updates also reflect changes in the Code of Federal Regulations (CFR), to include hyperlinks to other relevant sections of the Act, the CFR, and cross-references within the HALLEX.

Explanation of Content and Changes

I-2-4-1 is revised to remove references to the Black Lung Program and Medicare, and to include a reference to SSR 91-5p, which deals with mental capacity and good cause for missing a deadline to request review.

I-2-4-5 is edited for style and clarity and to remove references to Medicare. Subsection B. is updated to reflect best practices in DGS use.

I-2-4-10 is updated to define “good cause” and to reflect best practices in DGS use.

I-2-4-15 is updated to reflect current policy in good cause determinations.

I-2-4-20 A. is updated to cross-reference instructions for voluntary withdrawal after court remand with the instructions for issuing decisions in court remand cases.

I-2-4-25 is updated to provide instructions for HOs to document proof of contact in the Modular Disability Folder (MDF) and the Electronic Folder (EF). Subsection D., dealing with constructive waiver of a represented claimant, is expanded to follow current best practices.

I-2-4-30 is updated to differentiate between prototype and non-prototype states, and to eliminate references to Medicare and Black Lung Benefits.

I-2-4-35 is updated to replace references to the Secretary of Health and Human Services with the Commissioner of Social Security.

I-2-4-40 is updated to clarify the requirements for res judicata, and I-2-4-40 F. adds a second example of the effect of a subsequent change in statute, regulation, or policy interpretation.

I-2-4-50, dealing with the amount in controversy in Medicare cases, is deleted in its entirety.

I-2-4-55 is updated to instruct HOs to query PCOMS to determine if a new address for a claimant who has moved has been provided to SSA through the 800 telephone number.

I-2-4-85, Acronyms, and I-2-4-90, Table of Dismissal Codes, are new sections.

I-2-4-95 is the same as current I-2-8-97. This exhibit, a sample decision when the claimant abandons a claim after a court remand, is better placed in this chapter rather than Chapter I-2-8.

I-2-4-98 and I-2-4-99, containing exhibits on prototype states, are new.

Date: July 22, 2005