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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-4-71

Chapter: I-4-2

Subject: Preparing the Certified Administrative Record


This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual section I-4-2-20 to the Appeals Council's (AC) revised policy on considering additional evidence based on the final rule published in the Federal Register at 81 FR 90987. This final rule establishes nationally consistent procedures for case processing and removes the regulations in 20 CFR Part 405.

Explanation of Content and Changes

I-4-2-20 – We update the introductory statements to explain that the AC may receive additional evidence that it cannot consider in relation to an administrative law judge's decision because the claimant does not meet one of the good cause exceptions set forth in 20 CFR 404.970(b)(5) and 416.1470(b)(5). We update two cross-references, HALLEX I-4-1-56 B and I-4-1-55 A. I-4-1-56 B is now I-4-2-30 B and I-4-1-55 A is now I-4-2-25 A. In addition, we make minor editorial changes throughout the section.

Date: May 1, 2017