Background

This transmittal amends section I-3-1-5 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to add a separate “Homeless” case category to the critical case designations that the Office of Appellate Operations uses to determine which cases require expedited processing. Under the new Homeless category, we adopted the definition of a homeless individual used in POMS DI 11005.004, which is based on the Federal definition of a homeless individual. See 42 U.S.C. § 11302. Previously, for critical case purposes, homelessness was covered under the Dire Need category in HALLEX I-3-1-5 A.5, which remains in the revised section as a separate critical case designation. We also updated instructions regarding final action processing, made minor editorial corrections, and incorporated inclusive language.

This transmittal also amends section I-3-1-7 and archives section I-3-1-6.

Explanation of Content and Changes

This transmittal revises HALLEX I-3-1-5 as follows:

I-3-1-5 A. – We updated the title of this section to “Situations that Require Expedited Processing.”

I-3-1-5 A.1 – We added an instruction to staff to complete form SSA-2200 when adding a “TERI Case” flag at the AC level and to add the completed SSA-2200 to the file in eView.

I-3-1-5 A.2 – We removed a note that stated that expedited processing of continuing disability review claims was not necessary for cases identified and flagged as Veteran 100 Percent Permanent and Total (VPAT).

I-3-1-5 A.5 – We added a separate case designation for individuals who are homeless in subsection 5 that adopts the definition of homeless used in POMS DI 11005.004. We added instructions for how to evaluate allegations that a claimant is experiencing homelessness and how to identify cases designated as homeless. For situations where an unrepresented claimant reports that they are experiencing homelessness in a phone contact, we included instructions for staff to confirm the claimant's mailing address. We also added an instruction to review cases identified in eView with an “Eviction” flag to determine if the case fits the Homeless category.

I-3-1-5 A.6 – We moved the Dire Need critical case category formerly in subsection A.5 to subsection A.6. We removed references to homelessness from the Dire Need category because homelessness is now covered under the newly created Homeless case designation. We also revised one of the examples of a Dire Need case and specified that if there is an allegation that the claimant lacks basic utilities at their home (heat, potable water, or electricity) and the claimant does not have the resources to have the service(s) turned on, we should designate the case as a critical Dire Need case. We added language stating that a dire need situation may also exists bases on allegations the non-receipt or interruption of benefit payments has caused the claimant a financial hardship for consistency with POMS DI 23020.030. We added language noting that staff may designate a case dire need, based not only on an allegation, but also on the evidence in the record. We also added an instruction to review cases identified in eView with an “Eviction” flag to determine if the case fits in the Dire Need category.

1-3-1-5 A.7 – We moved the definition of a Potentially Violent critical case designations which were formally in subsection A.6 to subsection A.7. We added a citation to HALLEX I-1-9-17.

I-3-1-5 A.8 – We moved the definition of an Inordinate Delay critical case designation that was formally is subsection A.7 to subsection A.8.

1-3-1-5 B.1 – We added instructions stating that a case designated under one of the categories in HALLEX I-2-1-40 at the hearing level must retain the case designation at the AC, unless circumstances have changed sufficiently to no longer warrant such designation. We updated instructions to reflect that Branch Chiefs or other staff who identify that case should be critical should add the appropriate case flag in eView, except for in DLAY cases which are identified only by case characteristic. We clarified that multiple critical case designations may be added to a case record.

I-3-1-5 B.2 – We edited the section for clarity and to clarify the procedures for removing a critical case designation, specifying that, when staff identify a case in which a critical designation should be removed, staff will delete the flag in eView in addition to closing the critical case characteristic in ARPS.

I-3-1-5 B.3 – We updated the instructions regarding monitoring critical cases to reflect current procedures.

1-3-1-5 C.2 – We clarified the procedures for designating TERI and CAL cases.

I-3-1-5 C.3 – W updated the procedures for processing final actions in critical cases to reflect current procedures.

We also made minor editorial changes throughout this HALLEX section.

I-3-1-6 – We removed and archived this section because Form SSA-2200 is available in other electronic repositories.

I-3-1-7 – We renamed the sheet “Critical Case” and included a space on the sheet to designate the case as Compassionate Allowance, Homeless, Dire Need, or Homicidal/Potentially Violent.

Date: August 6, 2024