Background

This transmittal amends chapter I-2-5 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update and reorganize information regarding how hearing offices develop evidence due to a recent change in regulations on the submission of evidence.

Explanation of Content and Changes

In addition to minor revisions, we made the following changes:

I-2-5-1 – We moved the information in subsections A and B into HALLEX I-2-5-2 B. We also deleted definitions and regulatory language with citations that were irrelevant. We added new information based on the recent regulatory changes on the submission of evidence. We added a reference regarding referrals to the Office of the General Counsel.

I-2-5-2 – We created a new section titled “Prehearing Case Review by the Administrative Law Judge.” This section contains two subsections titled “General” and “ALJ Procedures for Conducting a Prehearing Case Review.” We added new information based on the recent regulatory changes on the submission of evidence. We moved information previously in HALLEX I-2-5-1 into subsection B. We added cross-references to HALLEX I-2-1-5 A, which we also revised.

I-2-5-13 – We created a new section, titled “Claimant Informs Hearing Office of Additional Evidence.” This section contains subsections titled “General” and “Procedures to Develop Evidence When Claimant Informs Hearing Office (HO) of Additional Evidence,” including instructions for developing both medical and non-medical evidence. We added new information based on the recent regulatory changes on the submission of evidence. We included new business processes for hearing office staff to follow when the claimant informs the agency about additional evidence but does not submit it.

I-2-5-14 – We retitled the section “Obtaining Medical Evidence From a Medical Source” to more accurately reflect the content of the section.

I-2-5-14 A – We retitled this subsection “Completing Form SSA-827, Authorization to Disclose Information to the Social Security Administration (SSA).” We deleted outdated information in the subsection, and we moved instruction on how to obtain a signed SSA-827 from a claimant into this subsection. We divided the subsection into three parts on how an employee can obtain a signed SSA-827 from a claimant. These parts include the existing method as well as two new electronic methods.

I-2-5-14 B – We retitled this subsection “Requesting a Claimant or Representative (if Any) Provide Evidence That May Be Available From a Medical Source.” We moved the information formerly in subsection A into this subsection, and we deleted information regarding the SSA-827. We added a hyperlink to the Case Processing and Management System intranet site, and we made other minor edits.

I-2-5-14 C – We retitled this subsection “Requesting Evidence Directly From a Medical Source.” We moved the information formerly in subsection B into this subsection, and we deleted information regarding the SSA-827.

I-2-5-14 D – We retitled this subsection “Requesting Evidence From a Medical Source Through the State Agency.” We moved the information formerly in subsection C into this subsection, and we deleted information regarding the SSA-827.

I-2-5-14 E – We retitled this subsection “Medical Test Data,” and we moved the information formerly in subsection D into this subsection.

Date: April 15, 2015