Subject: Reopening and Post-Adjudicative Actions
This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-9 to clarify procedures for reopening at the Appeals Council (AC) based on the final rule published in the Federal Register at 81 FR 90987. This new rule establishes nationally consistent procedures for case processing and removes the current regulations in 20 CFR Part 405.
I-3-9-1 – We remove references to regulations in 20 CFR Part 405. We also make minor editorial changes.
I-3-9-40 – We remove the Notes in subsections A and B, because the instructions relate to the regulations in 20 CFR Part 405. In subsection C.1., we update the standard for reopening based on new and material evidence consistent with the new Appeals Council Interpretation at HALLEX II-5-1-9. We also add an example to further clarify the standard the AC will apply when determining whether to reopen based on new and material evidence. We remove the information formerly in C.2., because HALLEX II-5-1-9 supersedes the information. In new C.2., we incorporate the information formerly located in C.3. In E, we add a reference to Social Security Ruling SSR 17-1p.
I-3-9-92 – We remove all references to the regulations in 20 CFR Part 405. We also make minor editorial changes.
Date: May 1, 2017