Background

This transmittal amends chapter I-3-6 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update the procedures that effectuating components and the Offices of the Regional Commissioner use to protest decisions at the hearing and Appeals Council (AC) levels of the administrative review process. It also provides a minor clarification regarding the policy and procedures involved when the Appeals Council notices own motion review.

Explanation of Content and Changes

I-3-6-10 – We renamed this section “Protests of a Prior Decision.” We renamed subsection A “Protesting a Decision to the Appeals Council” and added numbered subsections to clarify when an effectuating component or Regional Commissioner's office (collectively, “protesting component”) may protest a decision. We also specified the Appeals Council's authority in these matters. We renamed subsection B “Initial Staff Actions” and clarified the role of the Office of Appellate Operations (OAO) staff upon receipt of a protest. We also deleted the requirement to notify the Regional Commissioner's office at least every 90 days as that does not reflect our current business process. We renamed subsection C, “Analyst Actions,” and clarified the analyst's role when analyzing a protest. We also added subsection D to address adjudicator actions. Subsection D contains the information formerly in subsection C and provides updated procedures. Finally, we added new subsection E to clarify how OAO responds to protesting components after the AC completes its review. We also made formatting and minor editorial changes throughout the section.

I-3-6-20 – In subsection A, we made minor editorial changes. In subsection B, we clarified that the AC must offer a claimant an opportunity for a hearing when it proposes to revise the prior decision based on additional evidence. We also updated the HALLEX citation with regard to proffering evidence. Additionally, we clarified that a Regional Commissioner's office may protest a decision. Finally, we made formatting and minor editorial changes.

Date: December 15, 2017