Background

This transmittal adds section I-3-2-22 to the Hearings, Appeals and Litigation Law (HALLEX) manual. This new section provides instructions to the Appeals Council (AC) on when obtaining and evaluating a prior claim(s) file is necessary.

Explanation of Content and Changes

HALLEX I-3-2-22 is organized as follows:

I-3-2-22 – We titled the section “Evaluating Whether Reviewing a Prior Claim(s) File Is Necessary” and explained that the AC will review a prior claim(s) file if the administrative law judge (ALJ) was required to review the claim(s) file. We also provided guidance for other situations in which Office of Appellate Operations staff may need to obtain a prior claim(s) file for the AC. We noted the necessary instructions if the AC decides to issue a decision. We provided instructions for instances in which the AC needs a prior paper claim(s) file, but the claim(s) file is missing.

Date: August 18, 2015