Background

The Office of Hearings and Appeals (OHA) has received inquiries related to the rules regarding fees and the waiver of fees when a claimant requests a copy of claim file (CF) material and the Privacy Act applies. Therefore, the Office of the Associate Commissioner asked affected OHA components to review applicable portions of HALLEX to ensure that HALLEX accurately reflects the policies followed by the Social Security Administration (SSA).

Explanation of Content and Changes

This transmittal changes the title of section I-2-135, and revises language in that section to more clearly reflect SSA policies with respect to providing a claimant access to his or her CF, providing a claimant or representative with one free copy of CF material when access is requested for program purposes such as pursuing a benefit under the Social Security Act, and charging a fee for any additional copy of CF material.

It also revises the Table of Contents in Chapter I-2-100 to reflect the new title of section I-2-135, revises language in section I-2-634 to make it more consistent with the revised language in section I-2-135, inserts a cross-reference to section I-2-135 in section I-2-634, and revises cross-references to section I-2-135 in sections I-2-105 and I-2-528 C.

Remove

Remove from Chapter I-2-100:

Table of Contents I-2-101 through I-2-195, dated June 30, 1994 (2 pages).

I-2-101, Prehearing Case Analysis and Workup — General, through I-2-105 cont., dated June 30, 1994 (2 pages).

I-2-130 B. 1. cont., through I-2-135 A. 2. cont., dated November 21, 1994 (3 pages).

I-2-630 cont., through I-2-640 B., dated June 30, 1994 (2 pages).

Insert

Insert in Chapter I-2-100:

Table of Contents I-2-101 through I-2-195, dated April 26,1995 (2 pages).

I-2-101, Prehearing Case Analysis and Workup — General, through I-2-105 cont., dated April 26, 1995 (2 pages).

I-2-130 B. cont., through I-2-135 C. cont., dated April 26, 1995 (4 pages).

I-2-630 cont., through I-2-642 B., dated April 26, 1995 (3 pages).

Date: April 26, 1994