Subject: Denial of Request for Review
This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-5 to update our policy in accordance with the regulatory changes at 85 FR 73138.
HALLEX I-3-5-20 – We renamed this section, “Evaluation of Additional Evidence,” for consistency with the regulatory changes to 20 CFR 404.976(b) and 416.1476(b) at 85 FR 73138. In subsection A, we included references to 20 CFR 404.970(a)(5) and 416.1470(a)(5) regarding when the Appeals Council (AC) considers additional evidence as a basis for granting review. We added a note in subsection A to explain that the AC evaluates all additional evidence it receives, but only exhibits additional evidence it determines meets the requirements of 20 CFR 404.970(a)(5)-(b) and 416.1470(a)(5)-(b) due to the regulatory changes to 20 CFR 404.976(b) and 416.1476(b) in 85 FR 73138. In subsection B, we added references to 20 CFR 404.970(a) and 416.1470(a) concerning the bases for AC review. In subsection C, we added references to 20 CFR 404.976(b) and 416.1476(b) regarding adding additional evidence the AC did not exhibit to the certified administrative record if the case is appealed to Federal court. We also updated the denial notice language in subsection C regarding how the AC explains the reasons for not exhibiting additional evidence. We removed subsection D because it is superseded by the notice language in subsection C.4. We also made minor editorial changes.
Date: December 16, 2020