Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-2-4 to clarify the procedures when the record does not show that there was proper notice of hearing. In addition, the transmittal updates the procedures for applying res judicata based on the final rule published in the Federal Register at 81 FR 90987 that establishes nationally consistent procedures for case processing and removes the regulations in 20 CFR Part 405.

Explanation of Content and Changes

I-2-4-25 – We remove references to the regulations in 20 CFR Part 405. In subsection C, we explain that when the record does not show there was proper notification of the scheduled hearing, the administrative law judge (ALJ) and hearing office staff will follow the instructions in HALLEX I-2-3-15 to provide the notice of hearing. We also make minor editorial changes throughout the section.

I-2-4-40 – We remove the citations to 20 CFR 404.957(c)(1) and 416.1457(c)(1) and to Social Security Ruling 91-5p at the beginning of the section because they are discussed in context throughout the section. In the first paragraph of subsection J, we clarify that an ALJ will follow the procedures in HALLEX I-2-9-40 C to determine whether additional evidence is new and material. We also make minor editorial changes throughout the section.

Date: May 1, 2017