Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-8 to clarify procedures for Appeals Council (AC) decisions based on the final rule published in the Federal Register at 81 FR 90987. This new rule establishes nationally consistent procedures for case processing and removes the current regulations in 20 CFR Part 405.

Explanation of Content and Changes

HALLEX I-3-8-1 – We update references to the regulations based on the final rule establishing nationally consistent procedures and remove references to the regulations in 20 CFR Part 405. We update the instructions in subsection C based on the final rule and move the instructions about evidence the AC will not consider into new subsection D. We title new subsection D “Evidence Not Considered by the AC.” We move instructions about addressing evidence that the AC will not consider to D.1. and instructions about when the AC will offer a claimant a protective filing date to D.2. We move the information in former subsection D to subsection E and the information in former subsection E to new subsection F. We also make minor editorial changes throughout the section.

HALLEX I-3-8-15 – We remove a reference to the regulations in 20 CFR Part 405. We also make minor editorial changes.

HALLEX I-3-8-20 – We clarify that if the AC does not exhibit additional evidence submitted with the request for review, the AC will address the additional evidence in the procedural history of its decision. We also make minor editorial changes.

Date: May 1, 2017