Background

This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual section I-3-5-20 to clarify procedures for the consideration of evidence at the Appeals Council (AC) level 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.

Explanation of Content and Changes

HALLEX I-3-5-20 – We create new subsection A titled “General” and update the general policy for the consideration of evidence. We move the instructions in the former introductory paragraphs to new subsection B titled “Evaluating the Record.” In B.1., we provide instructions for evaluating the record in title II claims and title XVI claims based on an application for benefits. In B.2., we provide the instructions for evaluating the record in title XVI cases that are not based on an application for benefits. We move the instructions in former subsection A to new subsection C and titled subsection C “Denial Notice Requirements When the AC Does Not Consider Additional Evidence.” We move the instructions for exhibiting evidence when the AC denies a request for review in former subsection B to new subsection D. We also make minor editorial changes throughout the section.

Date: May 1, 2017