Chapter: I-3-5
Subject: Denial of Request for Review
This transmittal amends section I-3-5-50 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures for when the Appeals Council (AC) receives, but does not associate with the claim(s) file, a request for exhibits, hearing recording(s), or extension of time prior to the date of the denial notice.
I-3-5-50 – Subsection D applies when the AC receives, but does not associate with the claim(s) file, a request for exhibits, hearing recording(s), or extension of time prior to the date of the denial notice. We clarified that after the legal assistant prepares, and the AC signs, a notice vacating the prior denial of review, and the case is returned to an analyst to rework, that analyst should follow the procedures in subsection C.1. We also added a Note to subsection C.1. to indicate that if the AC is re- denying review after following the procedures in subsection D, the re-denial notice need not vacate the prior denial because the AC will have already vacated the prior denial. We also made organizational, formatting, and minor editorial changes throughout this section.
Date: September 10, 2021