Subject: Appeals Council Remands
We are amending chapter I-3-7 of the Hearings, Appeals and Litigation Law (HALLEX) manual to reflect recent changes in processing requests for clarification at the Appeals Council level.
This transmittal revises I-3-7-50 as follows:
I-3-7-50 – We moved the information previously preceding the subsections into new subsection A.
I-3-7-50 A – We moved the instruction previously in subsection A to new subsections B and C. We created a new subsection A titled “General” and inserted the information previously preceding the subsections, with editorial changes.
I-3-7-50 B – We moved the information previously in subsection B to new subsection C. We created a new subsection B titled “Notification From ALJ of Request for Clarification.” We explained how the Appeals Council receives and processes requests for clarification.
I-3-7-50 C – We included the instruction previously in subsection B under the new subsection C titled “EDO Actions.” We provided more detail regarding when the Appeals Council will deny or grant a request for clarification. We also included the procedures used by the Appeals Council when it takes either action.
I-3-7-50 D – We added a new subsection D titled “Branch Actions” to clarify that cases accepted by the Appeals Council on a request for clarification must be immediately assigned to an analyst.
Date: July 30, 2013