Subject: Substantive Review
This transmittal adds section I-3-3-25 to the Hearings, Appeals and Litigation Law (HALLEX) manual to provide information about how the Appeals Council (AC) handles borderline age issues.
We added HALLEX I-3-3-25 titled “Borderline Age” to explain how the AC handles borderline age situations that existed when the hearing level decision was issued. We clarified that the AC will add language to its denial notice if the administrative law judge did not expressly address the issue in the decision but the AC determines denying review is appropriate. We also clarified that when the AC grants review, there may be circumstances where it is more appropriate for the AC to issue a partially favorable decision addressing the borderline age situation.
Date: March 25, 2016