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Office of Analytics, Review, and Oversight

Volume I

Transmittal No. I-3-166

Chapter: I-3-8

Subject: Decisions


This transmittal amends section I-3-8-12 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions relating to requests for appearance to present oral argument.

Explanation of Content and Changes

HALLEX I-3-8-12 – In subsection C, we explained that when the record is complete and the Appeals Council (AC) decides to remand the case to an administrative law judge (ALJ), the remand order will contain language stating that the claimant's request for an appearance was not granted because the Council concluded that no significant question of law or policy was presented and that oral argument would not be beneficial in rendering the remand. We also clarified that the claimant may present the argument to the ALJ on remand. In subsection D, we changed the title to “Analyst Recommends Granting the Request for Appearance” for consistency with other subtitles and explained that the AC will designate the manner of appearance when the request for appearance is granted. We clarified that the Chair, Deputy Chair, or his or her delegate, will designate the administrative appeals judges (AAJ) who will serve on the appearance panel and will also designate one of the three AAJs as chair of the panel. In subsection E, we updated the analyst's responsibilities in preparing the AC for the appearance. In subsection F, we changed to title to “Conducting Oral Arguments Before the Appeals Council” for simplicity and explained that the panel chair will consider additional evidence that meets the criteria in 20 CFR 404.970 and 416.1470. We also made editorial changes and renumbered subsections throughout to improve readability.

Date: June 10, 2019