Background

This transmittal amends chapter I-2-4 of the Hearings, Appeals and Litigation Law (HALLEX) manual to clarify procedures regarding administrative law judge (ALJ) dismissals. We also made other formatting and language changes to conform with plain language writing requirements.

Explanation of Content and Changes

I-2-4-1 – We deleted the section in its entirety as the information is incorporated in I-2-4-5.

I-2-4-5 A – We made minor formatting and editorial changes, and added a NOTE explaining special issues related to prototype states.

I-2-4-5 B – We made minor formatting changes to the existing information and added a new sub-subsection detailing what information an ALJ must include in a dismissal order.

I-2-4-5 C – We retitled subsection C “Right to Appeal,” included a reference to HALLEX I-2-4-10 when the claimant requests that the ALJ vacate a dismissal order, and noted that a claimant may not request both that an ALJ vacate a dismissal order and that the Appeals Council review the dismissal order.

I-2-4-5 D – We made minor editorial and formatting changes.

I-2-4-5 E – We made minor editorial and formatting changes.

I-2-4-5 F – We made minor editorial and formatting changes.

I-2-4-10 – We changed the title to “Vacating an Order of Dismissal at the Request of a Claimant” to more accurately reflect the intent of the section.

I-2-4-10 A – We retitled the subsection “General,” and made minor formatting and editorial changes. We clarified that a claimant may not request both that an ALJ vacate a dismissal order and that the Appeals Council review the dismissal order.

I-2-4-10 B – We retitled the subsection “Determining Whether to Vacate an Order of Dismissal,” to more accurately reflect the purpose. We updated the information and incorporated information previously in subsections D and E into two sub-subsections. In the sub-subsections, we explain the appropriate procedures when an ALJ makes a good cause finding.

I-2-4-10 C – We retitled the subsection “Preparing a Vacate Order” and updated the information.

I-2-4-10 D – We removed the subsection and incorporated the information into subsection B.

I-2-4-10 E – We removed the subsection and incorporated the information into subsection B.

I-2-4-25 A – We added three sub-subsections titled “Neither Claimant Nor Representative Appears,” “Neither Claimant Nor Representative Appears on Time,” and “Third Party Appears on Behalf of Minor or Age 18 Claimant.”

I-2-4-25 C – We added more information regarding what an ALJ will consider in determining whether a claimant received proper notification of the time and place set for the hearing. We added a NOTE explaining that an ALJ may determine good cause exists for failure to appear when a claimant is unaware of a withdrawal of representation by an appointed representative. We detail the queries hearing office staff must check to determine the claimant's last known address, and added a NOTE that an updated address may also be found on medical evidence and, when applicable, inmate records. We also made other minor editorial and formatting changes.

I-2-4-25 D – We added a NOTE to clarify that an ALJ may issue a fully favorable decision when it is supported by the record, even if a representative appears at hearing without the claimant for the purpose of withdrawing. We provided further detail regarding a constructive waiver of the right to appear at hearing, including instructions for when expert testimony is needed but the claimant constructively waived the right to appear at the hearing.

I-2-4-25 E – We made minor formatting and editorial changes.

I-2-4-30 A – We moved the information to subsection B and added a new subsection titled “General.” We modified existing language for consistency with HALLEX I-3-4-5.

I-2-4-30 B – We moved information to subsection C, and retitled the subsection “Persons Who May File an RH.” We incorporated information previously in subsection A, and modified the language for consistency with HALLEX I-3-4-5.

I-2-4-30 C – We moved information to subsection D, and retitled the subsection “Administrative Procedures Required Before Requesting a Hearing,” to better reflect the purpose. We incorporated the information previously in subsection B and updated the language to more accurately reflect the regulatory language. We also made minor formatting and editorial changes.

I-2-4-30 D – We added new subsection D, titled “Preparing Dismissal Orders.” We incorporated information previously in subsection C. We made minor formatting and editorial changes.

I-2-4-91 – We added a new section titled “Exhibit — Form SSA-5002 When Claimant Does Not Appear On Time For a Hearing.” We include a Report of Contact that a hearing office employee can complete when the claimant appears late for a hearing.

Date: February 7, 2014