Background

In April 2003, the Associate Commissioner for Hearings and Appeals issued a memorandum titled “Folder Reconstruction Procedures for Request for Review.” This memorandum outlined procedures to be followed by the Office of Appellate Operations' (OAO's) staff when a request for review had been filed and the claims file could not be located. Based on those procedures we are modifying Hearings, Appeals and Litigation Law (LEX) Manual (HALLEX) I-3-0-71B and adding exhibits I-3-0-95; I-3-0-96; and I-3-0-97. The modifications and exhibits correspond with the instructions and attachments contained in the Associate Commissioner's memorandum.

Explanation of Content and Changes

This transmittal revises HALLEX I-3-0-71 B. to incorporate the change in procedures for finding claims files in which a request for review was filed, but are not located in OAO's Mega-site.

Section I-3-0-95 Exhibit — Folder Finding Teams is being added. This new exhibit contains a list of individuals on the Folder Finding Teams in OAO's Program Review Branches and the Retirement and Survivors Insurance and Supplemental Security Income Branch.

Section I-3-0-96 Exhibit — Claim File Search Checklist is being added. This new exhibit contains a sample of the Claim File Search Checklist form. This form is used by the Folder Finding Teams to document the search for claims files.

Section I-3-0-97 Exhibit — Template — REM 55 Remand Order is being added. This new exhibit contains an example of the Appeals Council remand cover notice, remand order, and transmittal sheet used to forward material to a Hearing Office to begin reconstruction activities when a claims file can not be located by OAO.

Date: August 26, 2004