Background

HALLEX Chapter I-2-6-52 Opening Statement is amended to reflect concerns about the clarity of the language in subsection “A.” As previously drafted, the section included example language for an Administrative Law Judge to use to satisfy the requirement to ensure pro se claimants were capable of making informed choices about representation.

We have made several necessary, but minor changes. We have inserted a reminder that the Administrative Law Judge is not required to recite specific questions regarding the right to representation.

Explanation of Content and Changes

I-2-6-52A. Opening Statement and Advisement of the Right to Representation, we inserted a reminder that the Administrative Law Judge is not required to recite specific questions regarding the right to representation.

We inserted language regarding illiterate claimants, ensuring that they are informed about representation and any other concerns they may have regarding the hearing process.

We have removed the reference to I-2-0-91 Sample — Acknowledgement Letter — Unrepresented Claimant and I-2-0-92 Sample — Enclosure to Letter to Unrepresented Claimant.

We have moved the regulatory citations in I-2-6-52A to a new section titled “Procedural Rulings”.

Date: April 18, 2011