I-3-2-3.Actions Before Making Recommendations to the Appeals Council

Last Update: 2/23/15 (Transmittal I-3-98)

A. Discussion with Appeals Council

When novel or unusual issues or circumstances are involved in a case, an analyst may discuss the case with the Appeals Council before preparing a written analysis and recommendation. Before doing so, the analyst should be prepared to discuss fully the facts and issues involved in the case, and will generally be prepared to offer a proposed course of action.

B. Obtaining Other Input

In some circumstances, the analyst may need additional information or input before making a recommendation to the Appeals Council. For example, an analyst may need to:

  • Refer medical questions to the medical support staff (see Hearings, Appeals and Litigation Law (HALLEX) manual I-3-2-11);

  • Request updated or additional earnings information from the servicing field office (see HALLEX I-3-2-12); or

  • Obtain policy guidance (see HALLEX I-3-2-35).

NOTE:

When a non-disability program matter is material to the issue of entitlement, an analyst may consult with his or her branch chief. When the matter is unusually complex or involved, the branch chief may consult with the Retirement and Survivors Insurance and SSI branch chief for further advice or assistance.