Background

This transmittal amends sections I-3-4-6 and I-3-4-10 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures for processing prematurely received and erroneously established requests for review.

Explanation of Content and Changes

I-3-4-6 – We updated subsection A. to add a reference to the Hearing and Appeals Case Processing System. We updated subsection B to remove the requirement that a branch chief or designee sign a letter to the claimant and representative, if any, explaining that their request for review was prematurely filed. In subsection C, we removed the same requirement for cases with paper claim(s) files. In subsection C, we added the option for Office of Appellate Operations (OAO) staff to send a copy of the premature request for review and letter to the component with jurisdiction of the claim(s) by email. We also made minor editorial changes throughout this section.

I-3-4-10 – We updated subsection B.2. to remove a reference to OAO's electronic business process because it is not necessary for staff to reference it in this circumstance, and it may not contain the most current procedures. In subsection B.2., we removed the requirement that a branch chief or designee sign a letter to the claimant and representative, if any, explaining that the request for review was erroneously established. We also updated hyperlinks and made minor editorial changes throughout this section.

Date: July 13, 2022