Background

This transmittal amends chapter I-1-9 of the Hearings, Appeals and Litigation Law (HALLEX) manual to clarify instructions for handling threats of violence. We also updated references to the Administrative Instructions Manual System-General Administration Manual and made other editorial changes throughout the sections.

Explanation of Content and Changes

HALLEX I-1-9 is amended as follows:

I-1-9-5 – We changed the title to “Hearing Operation Receives Threat of Violence Against Agency Employee, Building, or Operation” to better reflect the content of the section.

I-1-9-5 A – We changed the title to “Office Emergency Protocol” and added a NOTE explaining that the instructions apply to threats of suicide or acts of violence in a Social Security Administration (SSA) building.

I-1-9-5 B – We changed the title to “Immediate Threat” and made minor editorial changes.

I-1-9-5 C – We changed the title to “Threat Is Not Immediate” and made minor editorial changes.

I-1-9-5 D – We moved the information previously in the subsection to new HALLEX I-1-9-9 and incorporated information previously in subsection E.

I-1-9-5 E – We moved the information previously in the subsection to subsection D and deleted the subsection.

I-1-9-7 – We added a new section titled “Hearing Operation Receives Threat of Suicide or Violence Against Person Not Affiliated With Agency.” We added instructions for reporting and handling immediate telephone or written threats of suicide or violence against a person who is not an SSA employee. We also explained how to handle statements that show a potential for violence but are not immediate threats. We included a reference to the instructions for claim processing procedures when a threat of violence exists and sample notification language for situations when notification of disclosure is required.

I-1-9-9 – We added a new section titled “Hearing Operation Procedures for Processing a Claim Involving a Threat of Violence” and incorporated the information previously in HALLEX I-1-9-5 D. We updated decision writing instructions when a threat of violence is involved for consistency with recent changes to HALLEX I-2-8-35.

I-1-9-15 – We changed the title to “Appeals Council Procedures - Threats of Violence Against Agency Employees, Buildings, or Operations” to better reflect the content of the section.

I-1-9-15 A – We made minor editorial changes, incorporated a reference to critical case processing previously in subsection C, and added a NOTE that references the instructions for threats of suicide or violence against a person who is not an SSA employee.

I-1-9-15 B – We made minor technical edits throughout the subsection and clarified that pending cases should not be closed until the Executive Director's Office (EDO) notifies other components.

I-1-9-15 C – We moved some of the information previously in the subsection to subsection A and subsection D. We changed the title to “Actions by EDO” to more accurately reflect the new purpose of the subsection and updated the notification procedures.

I-1-9-15 D – We moved the information previously in the subsection to subsection E. We changed the title of the subsection to “Adjudicating a Claim Involving a Threat of Violence” and incorporated information previously in subsection C.

I-1-9-15 E – We incorporated information previously in subsection D and titled the subsection “Claimants Restricted From Receiving In-Person Service in SSA Offices.” We also made minor editorial changes.

I-1-9-17 – We added a section titled “Appeals Council Procedures - Threats of Violence Against Self or Person Not Affiliated With Agency.” We added instructions for reporting and handling immediate telephone or written threats of suicide or violence against a person who is not an SSA employee. We also explained how to handle statements that show a potential for violence but are not immediate threats. We set forth the actions taken by the EDO for immediate and non-immediate threats, and explained that all reporting actions must be taken before completing action on a claim involving a threat of suicide or violence against a person who is not an SSA employee. We also included sample notification language for situations when notification of disclosure is required.

Date: January 13, 2015