Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual section I-2-8-25 to clarify policy for the consideration of evidence 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 remove the existing regulations in 20 CFR Part 405. The transmittal also clarifies procedures for the evaluation of medical evidence based on the final rules published in the Federal Register at 82 FR 5844.

Explanation of Content and Changes

I-2-8-25 – In subsection B.2., we add a 4^th bullet to clarify that an administrative law judge will identify any evidence he or she declines to obtain or consider and the reasons he or she declines to obtain or consider the evidence. In B.4., we explain that the decision will, as applicable, include a discussion of the weight assigned to various pieces of evidence, including medical source opinions in claims filed prior to March 27, 2017. We also add a new 4^th bullet to explain that the decision will include, when applicable, a discussion of the consideration and articulation of the persuasiveness of medical opinions in claims filed on or after March 27, 2017, pursuant to 20 CFR 404.1520c and 416.920c. We also make minor editorial changes.

Date: May 1, 2017