Background

This transmittal amends chapter I-3-9 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions on reopening and revising determinations or decisions at the Appeals Council level.

Explanation of Content and Changes

Chapter I-3-9 is amended as follows:

I-3-9-1 – We changed the title to “Reopening and Revising Determinations and Decisions,” and added subsection A titled “General.” In the subsection, we explained the circumstances and timeframes in which the Social Security Administration (SSA) can reopen a prior determination or decision. We added a NOTE clarifying that the criteria and timeframes for reopening are different at or beyond the hearing level in Region 1. We added subsection B titled “Reopening by the Appeals Council,” and clarified information previously in the section. We also incorporated information previously in HALLEX I-3-9-30 and I-3-9-33.

I-3-9-2 – We moved the information previously in the section to HALLEX I-3-9-20 and removed the section in its entirety.

I-3-9-3 – We moved the information previously in the section to HALLEX I-3-9-30 and removed the section in its entirety.

I-3-9-4 – We moved the information previously in the section to HALLEX I-3-9-40 and removed the section in its entirety.

I-3-9-5 – We moved the information previously in the section to HALLEX I-3-9-50 and retitled the section “Appeals Council Jurisdiction to Reopen and Revise a Determination or Decision.” We incorporated information previously in HALLEX I-3-9-8 and made minor formatting and language changes to improve readability. We added a reference to HALLEX I-2-9-5 to note when an administrative law judge (ALJ) has jurisdiction to reopen and revise a prior determination or decision.

I-3-9-6 – We moved the information previously in the section to HALLEX I-3-9-60, retitled the section “Administrative Law Judge Requests Jurisdiction to Reopen and Revise Decision,” and referenced new procedures for transferring jurisdiction.

I-3-9-7 – We moved some of the information to HALLEX I-2-9-5. We removed other information that was duplicative of HALLEX I-2-9-5 and removed the section in its entirety.

I-3-9-8 – We removed the section in its entirety as the information was moved to HALLEX I-3-9-5.

I-3-9-10 – We moved the information previously in the section to HALLEX I-3-9-70 and retitled the section “Claimant Requests Reopening (Express and Implied).” We incorporated and expanded instructions previously in HALLEX I-3-9-20.

I-3-9-20 – We moved information that was not outdated to HALLEX I-3-9-10 and removed the remaining information. We retitled the section “Computing the Time Periods for Reopening” and incorporated information previously in HALLEX I-3-9-2. We made minor formatting and editorial changes to the information.

I-3-9-21 – We removed this section in its entirety as the information was outdated.

I-3-9-30 – We moved some of the information to HALLEX I-3-9-1 and I-3-9-80, but removed most of the information as it was outdated. We retitled the section “Reopening for Any Reason Within 12 Months” and incorporated information previously in HALLEX I-3-9-3. We made minor formatting and editorial changes.

I-3-9-31 – We removed the section in its entirety as it was duplicative of information in other sections in this chapter.

I-3-9-33 – We removed the section in its entirety as the information was incorporated in HALLEX I-3-9-1.

I-3-9-34 – We moved the information previously in the section to HALLEX I-3-9-84 and removed the section in its entirety.

I-3-9-35 – We moved the information previously in the section to HALLEX I-3-9-84 and removed the section in its entirety.

I-3-9-36 – We removed the section in its entirety as it was duplicative of information incorporated in HALLEX I-3-9-84.

I-3-9-40 – We retitled the section “Reopening for Good Cause” and incorporated information previously in HALLEX I-3-9-4. We made minor editorial changes to the language.

I-3-9-50 – We removed the information previously in the section as it was outdated. We incorporated information previously in HALLEX I-3-9-5 and retitled the section “Diligent Pursuit of an Investigation.” We made minor formatting and editorial changes.

I-3-9-60 – We added a new section titled “Reopening at Any Time” and incorporated information previously in HALLEX I-3-9-6. We made minor formatting and editorial changes.

I-3-9-70 – We added a new section titled “Protest Cases” and incorporated information previously in HALLEX I-3-9-10. We updated the information and made formatting and editorial changes.

I-3-9-80 – We added a new section titled “Analyst Recommendation to the Appeals Council Regarding Reopening of a Prior Determination or Decision (For Revision or Remand)” and incorporated information previously in HALLEX I-3-9-30.

I-3-9-84 – We incorporated information previously in HALLEX I-3-9-34 and I-3-9-35 into a new section titled “Notice of Proposed Revision of Prior Decision.” We added three subsections titled “When Notice Is Required,” “Content of Notice of Proposed Revision,” and “Proffering Evidence.” We updated the instructions and made other formatting and editorial changes.

I-3-9-97 – We incorporated information previously in HALLEX I-3-9-32 and added a reference to new HALLEX I-3-8-35 for more detailed instructions.

Date: July 27, 2015