Subject: Office of Appellate Operations and Appeals Council Functions
The Office of Hearings and Appeals (OHA) has received inquiries related to the rules regarding fees and the waiver of fees when a claimant requests a copy of claim file material and the Privacy Act applies. Therefore, the Office of the Associate Commissioner asked affected OHA components to review applicable portions of HALLEX to ensure that HALLEX accurately reflects the policies followed by the Social Security Administration (SSA).
This transmittal limits section I-3-084, OAO [Office of Appellate Operations] Branch Screening For Requests For Copies of Material, to a discussion of a claimant's right to examine the contents of the claim file, the fees which SSA charges the claimant for photocopying claim file material, and conditions under which we waive costs pertaining to photocopying claim file material and typing transcripts of hearings.
The discussion of OAO screening for extensions of time currently in I-3-084 and I-3-086 is relocated into a new section, I-3-085 titled “OAO Branch Screening for Requests for Extensions of Time.” Prior section I-3-085, titled “OAO Branch Screening on Receipt of a Subsequent Claim,” is renumbered as section I-3-086.
Finally, the transmittal relocates the discussion of OAO screening for appointment of representative into a new section, I-3-087 titled “OAO Branch Screening for Appointment of Representative” and deletes previous section I-3-086 titled “OAO Branch Screening for Other Reasons.”
Remove from Chapter I-3-000:
Table of Contents, I-3-001 through I-3-090, dated November 10, 1994 (1 page).
I-3-084, OAO Branch Screening For Requested Extensions of Time or For Copies of Material dated June 30, 1994 and I-3-085, OAO Branch Screening on Receipt of a Subsequent Claim dated November 25, 1994, through I-3-086 cont., dated November 10, 1994 (3 pages).
Insert in Chapter I-3-000:
Table of Contents, I-3-001 through I-3-090, dated April 26, 1995 (1 page).
I-3-084, OAO Branch Screening For Requests For Copies of Material through I-3-086 cont., dated April 26, 1995 (4 pages).
Date: April 26, 1995