Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-6 to update our policy in accordance with the regulatory changes at 85 FR 73138.

Explanation of Content and Changes

HALLEX I-3-6-5 – In subsections A and B, we removed references to own-motion notice to reflect regulatory changes to 20 CFR 404.973 and 416.1473. In subsection B, second paragraph, we updated language to clarify the type of action requiring the establishment of a 35-day diary. In subsection B, after the second paragraph, we added a note to detail the types of actions that do not require an interim notice of review. We also made editorial changes.

HALLEX I-3-6-10 – In subsections C and D, we removed references to own-motion notice to reflect regulatory changes to 20 CFR 404.973 and 416.1473. In subsection C, NOTE, we updated the language to clarify when the Appeals Council (AC) must proffer the protest memorandum. We also made minor editorial changes.

HALLEX I-3-6-20 – We revised the section title to better capture the information in this section. In subsection A, NOTE, we updated the language to detail the types of actions that do not require an interim notice of review to reflect regulatory changes to 20 CFR 404.973 and 416.1473. In subsection B, we removed references to own- motion notice, and in B.2., clarified when the AC must proffer the protest memorandum. We also made minor editorial changes.

Date: December 16, 2020