Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-2-9 to clarify procedures for reopening at the hearing level based on the final rule published in the Federal Register at 81 FR 90987. This new rule establishes nationally consistent procedures for case processing and removes the existing regulations in 20 CFR Part 405.

Explanation of Content and Changes

I-2-9-1 – We remove references to regulations in 20 CFR Part 405. In addition, we make minor editorial and formatting changes throughout the section.

I-2-9-40 – We remove Note 1 in subsection A and the Note in subsection B.1., because they are obsolete. In subsection C, we update the standard for reopening based on new and material evidence consistent with the new Appeals Council Interpretation at HALLEX II-5-1-9. We remove the information formerly in C.2., because HALLEX II-5-1-9 supersedes the information. We also add an example to further clarify the standard an ALJ will apply when determining whether to reopen based on new and material evidence. In subsection E, we added a reference to Social Security Ruling 17-1p. Titles II and XVI: Reopening Based on Error on the Face of the Evidence — Effect of a Decision by the Supreme Court of the United States Finding a Law That We Applied to Be Unconstitutional. We also make minor editorial and formatting changes throughout the section.

Date: May 1, 2017