Background

This transmittal amends section I-3-2-17 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures for how the Appeals Council will address evidence the agency received at the hearing level but that was not proffered to the claimant when proffer was required.

Explanation of Content and Changes

I-3-2-17 – We updated the procedures for how the Appeals Council will address evidence the agency received at the hearing level but that was not proffered to the claimant when proffer was required. In subsection B, we updated the instructions to clarify that the Appeals Council will consider the facts of the case and the evidence at issue in determining whether to take corrective action. We also removed outdated instructions in Note 1 and made minor formatting and editorial changes throughout the section.

Date: February 1, 2024