Subject: General Workup and Analysis Procedures
This transmittal amends section I-3-2-16 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update the Appeals Council's (AC) proffer procedures.
I-3-2-16 – In subsections A and B, we updated the language to clarify the types of evidence the AC will proffer. In subsection D, after the first paragraph, we added instructions for how the AC will proffer evidence. Specifically, we added language after the first paragraph of subsection D to explain that in cases where the AC initiated own-motion review based on a protest memorandum, a copy of the protest memorandum must be mailed to the claimant and representative, if any. We added a third paragraph and explanatory bullets to describe how the AC will proffer all other evidence. We explain in bullets one and two that when a representative has access to the claim file through the Appointed Representative Services (ARS) portal or an unrepresented claim has a MySSA account, access to the evidence will be provided though these services. In bullet three we clarify that a copy of the evidence will only be mailed when the claim(s) file is paper, when the representative does not have access to the file through ARS, or when an unrepresented claimant does not have a MySSA account. In the paragraph after NOTE 1, we removed language instructing the AC to inform the claimant that the proffer information was sent only to the representative when the new evidence is offensive or detrimental to the claimant's health. We then removed NOTE 2 from this subsection and incorporated the reference regarding the sample language for proffer documents into the two bullets in this subsection. With the removal of NOTE 2, we renamed the previous NOTE 1 to NOTE. We also made editorial changes throughout the entire section.
Date: March 25, 2021