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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-3-88

Chapter: I-3-4

Subject: Appeals Council Dismissals


This transmittal amends section I-3-4-4 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update processing instructions when the person who requested Appeals Council review dies. We also made minor editorial and formatting changes.

Explanation of Content and Changes

We revised section I-3-4-4 as follows:

HALLEX I-3-4-4 – We changed the title to “Party to the Proceeding Dies While Request for Review Is Pending” to more accurately reflect the regulatory language and the content of the section.

HALLEX I-3-4-4 A – We moved the information previously in subsection B to subsection A. We revised the language to more closely mirror the regulatory language and made other formatting changes. For title XVI claims, we noted when the Appeals Council will vacate an order of dismissal.

HALLEX I-3-4-4 B – We moved some of the information previously in subsection C to subsection B. We removed outdated instructions and information that was duplicative of information in subsection A. We retitled the subsection “Writing Requirements for Dismissal Action” and incorporated the appropriate instruction.

HALLEX I-3-4-4 C – We changed the title to “Record Is Unclear Whether Substitute Party or Qualified Survivor Exists.” We updated the information and made other editorial changes.

Date: December 29, 2014