Background

This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-8 to update our policy in accordance with the regulatory changes at 85 FR 73138.

Explanation of Content and Changes

HALLEX I-3-8-10 – In subsection A, NOTE 1, we updated language concerning the types of Appeals Council (AC) actions that do not require an interim notice of review and deleted NOTE 2 in its entirety, to align with the regulatory language in 20 CFR 404.973 and 416.1473. With the deletion of NOTE 2, we renamed NOTE 1 to NOTE. We also made minor editorial changes.

HALLEX I-3-8-12 – In subsections A, C, and D, we revised language concerning when the AC may grant a request for an appearance to align with the regulatory language in 20 CFR 404.976(c) and 416.1476(c). In subsections D.2.a. and D.2.b., we updated the citations to 20 CFR 404.976, 416.1476, and 422.205 due to the regulatory changes at 85 FR 73138. We also made minor editorial changes.

Date: December 16, 2020