Background

This transmittal updates and reorganizes chapter I-3-6 in the Hearings, Appeals and Litigation Law (HALLEX) manual regarding own motion review. We updated the information consistent with current practices and made other organizational, formatting, and editorial changes.

Explanation of Content and Changes

Chapter I-3-6 is modified as follows:

I-3-6-1 – We titled the section “Own Motion Review – General” and incorporated information previously in HALLEX I-3-6-5 and I-3-6-50. We titled subsection A “Authority,” and added citations to the regulatory authority for own motion review. We titled subsection B “Cases Considered for Own Motion Review,” incorporated information previously in HALLEX I-3-6-50, and updated the information consistent with our current procedures and organization. We titled subsection C “Standard of Review and General Procedures” and incorporated information previously in HALLEX I-3-6-5. We titled subsection D “AC Division Responsible for Processing” and added information consistent with our current organization.

I-3-6-5 – We moved most of the information previously in the section to HALLEX I-3-6-1 because the information was duplicative. We changed the title of the section to “Own Motion Review on Appeals Council's Initiative” to better reflect its purpose. We retitled subsection A “Analyst Actions” and added a brief description of actions an analyst will take when making a recommendation to the Appeals Council (AC) regarding own motion review. We added subsection B titled “AC Actions” and incorporated information previously in HALLEX I-3-6-52.

I-3-6-10 – We changed the title of the section to “Effectuating Component Protests Prior Decision” to better reflect the purpose of the section. We changed the title of subsection A to “When Effectuating Components Will Protest a Decision” and expanded the information, including adding citations to effectuating component instructions in the Programs Operation Manual System. We retitled subsection B “Analyst Actions” and expanded the instructions to better describe the actions an analyst takes when making a recommendation to the AC. In subsection B, we also incorporated and updated information previously in subsection F and G. We retitled subsection C “AC Actions” and removed the information previously in the subsection as it was duplicative of information in HALLEX I-3-6-1. We incorporated information previously in HALLEX I-3-6-52. We removed subsections D through G as the information was either duplicative of information in other HALLEX sections or was incorporated in subsections A through C.

I-3-6-20 – We titled the section “Notice of Own Motion Review” and incorporated information previously in HALLEX I-3-6-51, I-3-6-53, and I-3-6-54. We titled subsection A “General” and explained the purpose of providing notice of own motion review. We titled subsection B “Content of Notice” and explained that the content of the notice may vary from case to case. We also expanded on several issues that the AC should consider when preparing an own motion notice because, if applicable, additional notice language may be required.

I-3-6-40 – We titled the section “Interim Disability Benefits in Cases of Delayed Final Decisions (“8001” Cases)” and incorporated information previously in HALLEX I-3-6-55. We also reorganized, updated, and made editorial changes to the instruction.

I-3-6-50 – We moved the information to HALLEX I-3-6-1 and removed the section in its entirety.

I-3-6-51 – We moved the information to HALLEX I-3-6-20 and removed the section in its entirety.

I-3-6-52 – We moved the information to HALLEX I-3-6-5 and I-3-6-10 and removed the section in its entirety.

I-3-6-53 – We moved the information to HALLEX I-3-6-20 and removed the section in its entirety.

I-3-6-54 – We moved the information to HALLEX I-3-6-20 and removed the section in its entirety.

I-3-6-55 – We moved the information to HALLEX I-3-6-40 and removed the section in its entirety.

Date: April 1, 2016