Subject: Appeals Council Dismissals
This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-3-4 to state that the Appeals Council (AC) will provide protective filing as of the date a claimant asks, in writing, to withdraw a request for review before the AC. These changes were necessary due to processing changes after implementation of Social Security Ruling 11-1p: Titles II and XVI: Procedures for Handling Requests to File Subsequent Applications for Disability Benefits.
This transmittal revises I-3-4-3 as follows:
I-3-4-3 C – We changed the reference to subsection D to subsection E.
I-3-4-3 D – We reassigned the information currently in subsection D to a new subsection E. We changed the title of subsection D to “Protective Filing” and stated that the AC will provide protective filing as of the date a claimant submits a written withdrawal request.
I-3-4-3 E – We assigned the information previously in subsection D to new subsection E, but made no other changes to the current language.
Date: August 26, 2013