Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-2-3 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 removes the existing regulations in 20 CFR Part 405.

Explanation of Content and Changes

HALLEX I-2-3-12 – We remove the references to the regulations in 20 CFR Part 405. In addition, we make minor editorial changes throughout the section.

HALLEX I-2-3-15 – We update subsection A to explain that hearing offices must send advance notice of a hearing to a claimant at least 75 days before the date set for the hearing. We also remove the Note in this subsection because the information is now obsolete. In subsection D, we remove the Note previously following the 8th bullet and added a new 9th bullet. This new bullet clarifies that an administrative law judge may decline to consider evidence if the claimant informs us of it or submits it later than five business days before the date of the hearing, unless good cause exists to consider the evidence. We also make minor editorial changes throughout the section.

HALLEX I-2-3-20 – In B.2., we update the instructions in Note 2 to explain that when a claimant or representative does not receive a notice of hearing, hearing office staff must send a new notice of a hearing to the claimant at least 75 days before the date set for the hearing, unless the claimant waives his or her right to 75-day notice in writing. We also make minor editorial changes throughout the section.

HALLEX I-2-3-25 – We update the section to explain that typically an ALJ must send an advance notice of a hearing to the claimant at least 75 days before the date set for the hearing. We also make minor editorial changes throughout the section.

Date: May 1, 2017