Background

This transmittal amends section I-2-6-58 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update and provide instructions relating to claim(s) files. The updates are necessary to remove inconsistent instructions and provide missing instructions. We also made minor formatting and editorial changes.

Explanation of Content and Changes

This transmittal revises I-2-6-58 as follows:

I-2-6-58 – We changed the title to “Admitting Evidence into the Record” to more accurately reflect the content of the section. We also removed the list of citations as we incorporated the appropriate citations throughout the section.

I-2-6-58 A – We moved the information formerly in subsection A to subsection B and added a new subsection A titled “General.” We more clearly defined “material” to be consistent with our other HALLEX provisions. We moved information formerly in NOTE 3 into the text of the subsection and removed NOTE 2 as the information is repetitive. We also made other minor organizational and editorial changes.

I-2-6-58 B – We moved the information formerly in subsection B to subsection C and changed the title of the subsection to “Prior ALJ Decision.” We incorporated information formerly in subsection A but removed all information relating to prior hearing records. This information was removed because it appeared to conflict with other HALLEX instructions, and we incorporated the same information in new HALLEX I-2-1-13. We also added references to pertinent Acquiescence Rulings.

I-2-6-58 C – We moved the information formerly in subsection C to subsection D and changed the titled of the subsection to “Admitting Evidence.” We incorporated information formerly in subsection B and made minor editorial changes.

I-2-6-58 D – We added a new subsection titled “Written Evidence Submitted at Hearing” and incorporated information formerly in subsection C. We made minor editorial changes.

I-2-6-58 E – We added a new subsection titled “Part 405 — Closed Record Provision” to incorporate instructions for cases processed under 20 CFR Part 405. In sum, the instructions explain when an administrative law judge (ALJ) in region 1 can consider additional evidence that is submitted after the record is closed. Additionally, the instructions explain how an ALJ will associate the information in the record and what an ALJ will include in the decision if he or she does not accept evidence that was submitted less than five business days before the hearing.

Date: June 9, 2014