Background

This transmittal amends chapter I-3-7 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions on Appeals Council (AC) remands.

Explanation of Content and Changes

Chapter I-3-7 is amended as follows:

I-3-7-1 – We changed the title to “Remands – General” to more accurately reflect the content of the section. We made minor editorial and formatting changes throughout the provision.

I-3-7-10 – We changed the title to “Remand for Further Development or Additional Medical Evidence” and consolidated duplicate information previously in HALLEX I-3-7-10 and I-3-7-11. We made minor editorial and formatting changes throughout, including renumbering and retitling the subsections.

I-3-7-11 – We moved the information previously in the section to HALLEX I-3-7-10 and removed the section in its entirety.

I-3-7-12 – We made minor editorial and formatting changes throughout to improve the readability of the section. We also added a reference to new proffer instructions in HALLEX I-3-2-16.

I-3-7-13 – We made minor editorial and formatting changes throughout to improve the readability of the section.

I-3-7-14 – We changed the title of the section to “Other Common Reasons for Remand” to more accurately reflect the content of the section. We made minor editorial changes throughout and removed outdated information. We changed the title of subsection D to “Acquiescence Rulings” for clarity and F to “Missing Claim(s) File or Lost or Inaudible Hearing Recording” to incorporate missing claim(s) file issues. We updated subsection J for consistency with updated instructions relating to proffering additional evidence and added subsection N titled “Court Remand” to clarify that the AC will remand a case when necessary to comply with a court order.

I-3-7-20 – We removed information that duplicated information in HALLEX I-3-0-10 and replaced it with a citation. We added a citation to analyst instructions for reviewing administrative law judge dismissals in HALLEX I-3-3-15 and removed duplicate information. We made formatting and editorial changes to the remaining information.

I-3-7-30 – We removed the section in its entirety because the information was outdated and unnecessary due to the instruction in HALLEX I-3-3- 15.

I-3-7-40 – We changed the title to “Preparation, Content, and General Routing of Remand Order” and consolidated the information previously in HALLEX I-3-7-40, I-3-7-41, and I-3-7-42. We made minor editorial and formatting changes throughout, including renumbering and retitling the subsections.

I-3-7-41 – We moved the information previously in the section to HALLEX I-3-7-40 and removed the section in its entirety.

I-3-7-42 – We moved the information previously in the section to HALLEX I-3-7-40 and removed the section in its entirety.

I-3-7-43 – We removed the section in its entirety because the information was outdated and unnecessary.

Date: April 26, 2016