Background

This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-2-4 for internal consistency within HALLEX of “new and material evidence.” These changes clarify the criteria we use when evaluating “new and material evidence” in the context of res judicata. We also made formatting and editorial changes to the provision.

Explanation of Content and Changes

I-2-4-40 Title — We added “Administrative” to the title of the provision for clarity.

I-2-4-40 A.-D. — We made minor editorial revisions.

I-2-4-40 E. — We removed the reference to “AAJs” as this section provides instruction for the hearing operation. We made formatting changes for easier reference and inserted hyperlinks to the Social Security Ruling (SSR) and Acquiescence Ruling citations.

I-2-4-40 F. — We made formatting changes for easier reference, and we included a hyperlink for the SSR citation.

I-2-4-40 G.-I. — We made minor editorial revisions.

I-2-4-40 J. — We inserted references to the section defining “new and material evidence” and made other minor editorial changes.

I-2-4-40 K. — We made minor editorial changes and corrected the hyperlink in NOTE 3.

I-2-4-40 L. — We revised the language in subsection 2(b) and (c) to mirror the regulatory language, and deleted unnecessary language in other subsections.

I-2-4-40 M. — We inserted references to the section defining “new and material evidence” and made other minor editorial changes.

Date: March 8, 2013