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SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume I

Transmittal No. I-4-15

Chapter: I-4-0, I-4-1, I-4-2, I-4-3, I-4-4, I-4-7

Subject: Civil Actions

Background

In September 2003, the Hearings Appeals and Litigation Law (LEX) Manual (HALLEX), Volume I, Division 4 (Civil Actions) was completely reviewed and updated. Although transmittals of Division 4 have been issued to revise individual sections, there has not been a complete issuance of Division 4 since September 2003.

Explanation of Content and Changes

This transmittal reflects a complete review, and where appropriate, revision of all chapters in Division 4. All references to Title II and Title XVI of the Social Security Act have been capitalized. All references to “cassettes” and/or “tapes” have been revised to “recording” because the Office of Hearings and Appeals is moving from recording oral hearings on cassette tapes to digital compact disks. All references to the Office of Program Litigation (OPLit) in the Office of the General Counsel have been changed to the Office of Program Law (OPL). All bulleted lists were capitalized in keeping with proper grammatical rules. In addition, we have made a number of minor editorial/typographical revisions/corrections.

Below are synopses of other revisions contained in the various chapters:

I-4-0-2

Revised this section to delete references to the Office of Special Programs and Services (SPS) and Office of Acquiescence and Litigation Coordination (OALC) as these components no longer exist.

I-4-1-12E.

Revised the process for obtaining recordings when they are not housed with the claims files. In this regard, OAO uses the Mega-site Information Management System (MIMS) to control and request recordings. Moreover, the Cassette Computer Library was disbanded with its functions incorporated in the OAO Mega-site.

I-4-1-25

Revised instructions on handling missing recordings.

I-4-1-44

Deleted reference to SPS and included referral to Class Action Coordinator in OAO.

I-4-1-57

Changed “OGC Answer Unit” to “the appropriate OGC Office with jurisdiction.”

I-4-2-10B.

Revised and added CCPRBs' e-mail addresses.

I-4-2-30

Changed references from Office of Acquiescence and Litigation Coordination (OALC) to the Office of Program Law in the Office of the General Counsel.

I-4-2-52A.

Deleted reference to ACAPS because CCPRB staff do not have input access to ACAPS.

I-4-2-52C.

Same as above.

I-4-3-50

Added procedures for creating a dummy folder when AC remands case without finding claim file. Also, revised procedures when claim file/recording is found before AC remands case the ALJ. Finally, added procedures when claim file/recording is found after AC remands case to ALJ.

I-4-3-85 E.

Deleted reference to the OHA Circuit Court Case Reporter as this HALLEX section has been removed.

I-4-3-100

Changed “3270 Display” reference to “PCOM.”

I-4-3-106

Revised Court Remand Case Flag to incorporate new procedure when HO issues fully favorable decision after court remand. The HO no longer needs to notify OAO in such a situation because a CAR or Supplemental CAR will not be prepared. Notification is now made directly to the appropriate OGC Office (e.g., OGC regional office or Office of Program Law).

I-4-3-116

Added instructions that if Express Mail is used, staff must use street address of effectuating component rather than PO Box.

I-4-4-10B.

Removed references to “Fully” favorable decisions. Also, removed reference to Cassette Computer Library (CCL), as that component no longer exists. Recordings are now housed and controlled in the OAO Mega-site.

I-4-4-10C.

Added instructions on handling ALJ fully favorable decisions following court remand.

I-4-4-11B.

Revised instructions for CCPRB handling of ALJ decisions after court remand, in accordance with current operating procedures.

I-4-4-12A.

Revised instructions for CCPRB handling of exceptions, in accordance with current operating procedures.

I-4-4-13B.

Revised this section in accordance with Executive Director's memorandum dated July 14, 2004, concerning notice requirements when AC assumes jurisdiction of ALJ decision after court remand.

I-4-4-15

Revised instructions for CCRPB actions on exception cases, in accordance with current operating procedures.

I-4-4-60

Revised this section in accordance with Executive Director's memorandum dated May 2, 2005, concerning dismissals following court remand.

I-4-4-101

Revised as indicated directly above (Executive Director's memorandum dated May 2, 2005).

I-4-4-102

Revised as indicated directly above.

I-4-4-103

Deleted prior exhibit because it is duplicate of exhibit in I-4-3-106.

I-4-4-104

Revised instructions for CCPRB handling of court remands, in accordance with current operating procedures.

I-4-4-106

Deleted prior exhibit because it is duplicate in II-6-9-1 and II-6-9-2. Replaced with sample of AC Notice and Decision for use under provisions of I-4-4-60C.

I-4-7-6

Revised reference to Office of Special Programs and Services (SPS) to Class Action Coordinator because SPS no longer exists.

I-4-7-21

Changed references from Office of Acquiescence and Litigation Coordination (OALC) to Office of the General Counsel (OGC). Changed “affidavit” to “declaration” because OAO no longer provides affidavits. Revised address to OGC, Office of Program Law (OPL).

Date: September 13, 2005