Background

This transmittal amends section I-3-3-9 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions relating to consideration of res judicata at the Appeals Council level, consistent with changes to HALLEX I-2-4-40.

Explanation of Content and Changes

HALLEX I-3-3-9 was amended as follows:

I-3-3-9 A – We removed the information currently in the subsection and replaced it with a reference to HALLEX I-2-4-40 because the information is duplicative.

I-3-3-9 B – We removed information in the subsection that was duplicative of information in HALLEX I-2-4-40 and was incorporated in new subsection A. We retitled the subsection “ALJ Did Not Apply Res Judicata (But Should Have)” to more accurately reflect the content and made editorial changes to the remaining information.

I-3-3-9 C – We removed all information in the subsection as it was duplicative of information in HALLEX I-2-4-40 and was incorporated in new subsection A. We retitled the subsection “ALJ Applied Res Judicata (But Should Not Have)” and incorporated information previously in subsection G. We summarized the three case specific instructions into one paragraph as the expanded instructions were duplicative.

I-3-3-9 D – We removed the subsection as the information was duplicative of information in subsection A and HALLEX I-2-4-40.

I-3-3-9 E – We removed the subsection as the information was duplicative of information in subsection A and HALLEX I-2-4-40.

I-3-3-9 F – We removed the subsection as the information was duplicative of information in subsection A and HALLEX I-2-4-40.

I-3-3-9 G – We moved the information to subsection C and removed the subsection.

Date: August 3, 2016