Subject: Appeals Council Dismissals
This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-3-4 to update information regarding Appeals Council dismissals. We deleted references to filings by a “proper party” as the information was outdated. We also made other formatting and language changes to conform with plain language writing requirements.
I-3-4-1 – We deleted references to filings by a “proper party” as the information is outdated.
I-3-4-2 A – We made minor editorial language changes. We added a NOTE clarifying instructions when the Appeals Council intends to dismiss an untimely request for review but the claimant has submitted additional evidence.
I-3-4-2 B – We retitled the subsection “Requesting Explanation for Untimely Filing.” We updated the instructions and minor editorial changes.
I-3-4-2 C – We updated the instructions, removed outdated information, and made other minor editorial changes.
I-3-4-5 A – We updated the information regarding who can submit a request for review. We added helpful references to other HALLEX provisions, including information about releasing information to a third party and instructions when the claimant prematurely files a request for review.
I-3-4-5 B – We retitled the subsection “Request for Review Filed By Third Party” and updated the instructions consistent with current policy.
I-3-4-5 C – We removed outdated information and retitled the subsection “Exhibit- Sample Letter.” We include a sample letter the Appeals Council can use to notify a claimant when it is not clear whether the claimant knows a request for review is pending.
I-3-4-6 – We changed the title to “Premature or Erroneously Established Request for Review” for consistency purposes.
I-3-4-6 A – We provided more information to clarify when the Appeals Council will consider a request for review premature or erroneously established.
I-3-4-6 B – We updated instructions for staff when handling a premature request for review.
I-3-4-6 C – We retitled the subsection “Request for Review Erroneously Established” to more accurately reflect the purpose. We updated instructions for staff when a request for review was erroneously established.
I-3-4-6 D – We removed this subsection as the information was outdated.
Date: February 7, 2014