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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-3-49

Chapter: I-3-3

Subject: Appeals Council Jurisdiction


This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-3-3 to clarify the Appeals Council's review based on an abuse of discretion. These revisions were necessary to mirror language in an existing Social Security Ruling (SSR) and reflect changes due to a recently published SSR.

Explanation of Content and Changes

We made changes to HALLEX I-3-3-2 as follows:

I-3-3-2 A. – We removed unnecessary language and made minor modifications to reflect the definition of abuse of discretion as set forth in SSR 82-13 – Program for Ongoing Review of Hearing Decisions Pursuant to Section 304(g) of Public Law (P.L.) 96-265 Appeals Council's Review Authority

I-3-3-2 B. – We added this section, pursuant to SSR 13-1p - Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs), to reflect how the Appeals Council will address allegations of unfairness, prejudice, partiality, bias, misconduct, discrimination, or the equivalent about an ALJ, under the abuse of discretion standard.

Date: April 5, 2013