Background

This transmittal amends chapter I-2-5 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update and provide instructions relating to hearings by video teleconferencing (VTC). The updates are necessary for consistency with regulatory changes and incorporation of procedures formerly in HALLEX temporary instruction I-5-1-16. We also made other formatting and editorial changes.

Explanation of Content and Changes

We revised chapter I-2-5 as follows:

I-2-5-28 – We added a new subsection A titled “General” and made corresponding changes in the designation of the subsections. We made minor editorial changes and updates, and we removed outdated references to HALLEX I-5-1-16.

I-2-5-30 – We added several subsections titled “Obtaining an Expert Opinion,” “Testimony at Hearing,” “Interrogatories,” and “Waiver of Right to a Hearing.” We updated the information regarding when an administrative law judge (ALJ) may direct a person other than the claimant to appear at hearing via VTC or telephone, and a reference to the instructions on when the ALJ may direct a claimant to appear at hearing via VTC or telephone. We removed outdated references to HALLEX I-5-1-16. We made other minor language and formatting changes.

I-2-5-32 – We added several subsections titled “General Description of a Medical Expert (ME),” “ME Opinions,” and “Special Considerations.” We made minor formatting and language changes for consistency with other HALLEX provisions.

I-2-5-40 – We removed the subsections and consolidated the information. We updated instructions relating to VTC procedures and made minor language changes for consistency with other HALLEX provisions.

I-2-5-44 – We added three subsections titled “Proffer a Copy of Response,” “Respond to Objection or Other Request,” and “Exhibit Response and Any Correspondence.” We updated the procedures and made other formatting and editorial changes.

I-2-5-45 – We made minor editorial changes and added references to updated HALLEX instructions.

I-2-5-50 – We made minor formatting and editorial changes for consistency with other HALLEX provisions.

I-2-5-56 – We removed the subsection headings and consolidated the information. We updated instructions relating to VTC procedures and made minor language changes for consistency with other HALLEX provisions.

I-2-5-57 – We reorganized the section and changed the title of subsection C to “Information to Send With Interrogatories” to more accurately reflect the content. We added additional instructions for preparing interrogatories to better reflect our policy. We removed repetitive information and inserted links to other HALLEX instructions. We updated instructions now incorporated in the Document Generation System and made other minor editorial changes.

I-2-5-58 – We added three subsections titled “Proffer a Copy of Response,” “Respond to Objection or Other Request,” and “Exhibit Response and Any Correspondence.” We updated the procedures and made other formatting and editorial changes.

I-2-5-60 – We made minor editorial changes and added references to updated HALLEX instructions.

I-2-5-71 – We updated the instructions regarding when a field office employee can be called as a witness at a hearing.

Date: August 29, 2014