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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-3-141

Chapter: I-3-4

Subject: Dismissals


This transmittal amends chapter I-3-4 of the Hearings, Appeals and Litigation Law (HALLEX) manual to provide updated instructions for requests for review that are submitted prematurely and for requests for review that are erroneously established in the Appeals Review Processing System (ARPS).

Explanation of Content and Changes

HALLEX I-3-4 is amended as follows:

I-3-4-6 – We changed the title to “Premature Request for Review” and moved information relating to erroneously established requests for review to new HALLEX I-3-4-10. We reorganized the remaining information into separate instructions for an electronic claim(s) file and a paper claim(s) file. We added specific language for the Office of Appellate Operations (OAO) to include in the letter, designated the individual that will sign the letter, and clarified that OAO will still add a premature request for review to the claim(s) file.

I-3-4-10 – We added a section titled “Erroneously Established Request for Review” and added information previously in HALLEX I-3-4-6. We clarified that when OAO suspects a request for review was erroneously established, it will develop the issue before taking any further action on the claim(s). We also clarified when OAO may determine a request for review was erroneously established, how OAO will request additional information on a possible erroneously established request for review, and what actions OAO will take after the time period for responding expires.

Date: April 28, 2016