Subject: Supplemental Review
This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-4-4 to update procedures for adding new material to the certified administrative record (CAR), electronic folder, and paper claim(s) files. It also clarifies the policy for the considering additional evidence in a pending court case.
HALLEX I-4-4-15 – We deleted the section in its entirety because it was superseded by HALLEX I-1-10-47, I-1-10-50, I-1-10-55, I-1-10-60, and I-4-4-25.
HALLEX I-4-4-20 – We moved non-outdated information from subsections A and B to HALLEX I-4-4-25 C. We removed the remaining information from this section because it was outdated, and we deleted the section in its entirety.
HALLEX I-4-4-25 – We retitled the section, “Additional Evidence in a Pending Court Case,” to reflect the contents of the section more accurately. We renamed subsection A, “General,” and explained when we will add evidence to the CAR. We also added a NOTE explaining when we will not add evidence to the CAR. We renamed subsection B, “Considering Additional Evidence,” and provided general information about the standard for considering additional evidence. We renamed subsection C, “Analyst Procedures for Reviewing Additional Evidence,” and incorporated information previously in HALLEX I-4-1-15 D, I-4-4-20, and I-4-4-30. We added that an analyst will recommend to the Appeals Council whether to seek voluntary remand or defend a case, based on the criteria outlined in subsection B and HALLEX I-3-3-6 B. We also explained that for paper claim(s) files, analysts will include a copy of the additional evidence, when sending a memorandum to the Office of the General Counsel. We also removed outdated information from subsection C. Finally, we made editorial and formatting changes throughout.
HALLEX I-4-4-30 – We moved the non-outdated information previously in this section to HALLEX I-4-4-25 C. We removed the remaining information from this section because it was outdated, and we deleted the section in its entirety.
Date: October 9, 2020