I-2-1-5.Conducting Prehearing Case Analysis and Workup
Last Update: 11/14/14 (Transmittal I-2-124)
When a hearing office (HO) receives a case, HO staff (or the administrative law judge (ALJ), if otherwise stated in the referenced citation), will take the following actions:
Ensure the claim(s) file is associated with the correct claimant.
Assess whether there is a prior claim(s) file. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-13.
Determine if there are special handling procedures. See HALLEX I-2-1-55 D.
Determine who is a party to the hearing. See HALLEX I-2-1-45.
Determine the issues in the case. See generally HALLEX I-2-2.
Document whether the claimant has objected to appearing at hearing by video teleconferencing. See HALLEX I-2-0-21.
Assess whether there is sufficient documentary evidence in the record for a full and fair inquiry into the matters at issue. If needed, undertake appropriate development. See HALLEX I-2-5.
Note whether the case may be appropriate for a decision on-the-record or whether the claimant has waived the right to a hearing. See HALLEX I-2-1-45.
Determine if the testimony of any other witness is needed at the hearing. For instructions regarding when field office employees can be called as witnesses, see HALLEX I-2-5-71.
Give the claimant or the representative the opportunity to examine the claim(s) file. See HALLEX I-2-1-35.
Schedule a prehearing conference, if appropriate. See HALLEX I-2-1-75.
In cases remanded by the Appeals Council, request clarification before scheduling a hearing if the ALJ cannot carry out the directive(s) set forth in the remand order, or the directive(s) appears to have been rendered moot. See HALLEX I-2-1-85.