Background

This transmittal amends chapter I-2-6 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures relating to hearing recordings.

Explanation of Content and Changes

Chapter I-2-6 is amended as follows:

I-2-6-42 – We changed the title to “Creating a Hearing Recording” to more accurately reflect the purpose of the section. We retained the subsections, but moved some of the information so that it was more appropriately placed based on our business process. We added subsection D, titled “Routing of Hearing Recording in a Paper Claim(s) File,” to provide additional guidance for paper claim(s) files. We updated and expanded some of the instructions, incorporated information previously in HALLEX I-2-6-44, added helpful references, and made other editorial changes.

I-2-6-44 – We removed the section in its entirety as the information was incorporated in HALLEX I-2-6-42.

I-2-6-46 – We changed the title to “Partial Omissions or Inaudible Portions in the Hearing Recording” to more accurately reflect the content of the section. We made minor editorial changes throughout subsections A and B. In subsection B, we changed the title to “Discovered After the Hearing but Before Decision Issued” and further explained what an administrative law judge (ALJ) will do if a claimant or appointed representative objects to the substance of the ALJ's summary or does not respond to the ALJ's request. We also added a NOTE clarifying that if the entire hearing recording is missing or inaudible, the ALJ will usually conduct a supplemental hearing. We added subsection C titled, “Discovered After the Hearing Decision Issued” to address a gap in the instruction. We explained the actions that can be taken if the ALJ has jurisdiction and how hearing office staff will handle issues relating to hearing recordings in cases pending before the Appeals Council.

I-2-6-95 – We changed the title to “Sample - Recording Storage Envelope” and removed outdated information.

I-2-6-96 – We removed the section in its entirety as the information was outdated.

Date: January 14, 2016