Chapter: I-3-6
Subject: Own Motion
This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-6 to further update our policy in accordance with the regulatory changes at 85 FR 73138.
HALLEX I-3-6-5 – In subsection B, we removed outdated language stating that an A member adjudicator will obtain concurrence from the B member before returning the case to the analyst. We also clarified that staff will establish a 35-day diary when the AC issues a separate notice of review. In subsection B, NOTE, we replaced a reference to “interim notice of review” with “separate notice of review” and clarified the types of actions that do not require a separate notice of review. We also included information on a claimant's right to a hearing under Goldberg v. Kelly, 397 U.S. 254 (1970) and to review additional materials and evidence. We also made editorial changes.
HALLEX I-3-6-10 – In subsections C and D, we replaced references to “interim” and “prior notice of review” with “separate notice of review.” We also made minor editorial changes.
HALLEX I-3-6-20 – We revised the language in subsection A to clarify when the AC may satisfy the requirement to provide notice of review in the AC's final action and when a separate notice of review is required to better reflect regulatory changes to 20 CFR 404.973 and 416.1473. In subsection B, we removed references to “interim notice of review” and replaced it with “separate notice of review” when warranted. In subsection B.3, we clarified when the AC may provide notice of interim benefits in its final action document and when the AC may do so in a separate notice of review. In subsection B.4, we clarified that the AC may address subsequent applications in the AC's remand order or decision, or, if warranted, in a separate notice of review. We also made minor editorial changes.
Date: September 27, 2022