Background

This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-3-9 for internal consistency within HALLEX of “new and material evidence.” These changes were necessary to clarify the criteria we use when evaluating “new and material evidence” in the context of reopening. We also made other editorial changes to the provision for internal consistency within HALLEX and to improve the organization of the provision.

Explanation of Content and Changes

This transmittal revises I-3-9-4 and I-3-9-7 to clarify the criteria we use for “new and material evidence” in the context of reopening. We also made minor editorial revisions.

Citations — We removed references to black lung cases because those cases are now administered by the U.S. Department of Labor.

I-3-9-4 A. — We made minor editorial revisions.

I-3-9-4 B. — We made minor editorial revisions for consistency with HALLEX I-2-9-40 and to mirror the regulatory language. We added a NOTE to clarify when the good cause for reopening rules do not apply under Social Security Ruling (SSR) 91-5p. We removed unnecessary language.

I-3-9-4 C. — We clarified the criteria necessary to satisfy the regulatory standard of “new and material evidence” for reopening and added a note defining the “weight of the evidence.” We added a reference to the HALLEX provision addressing when the Appeals Council will consider additional evidence in association with a request for review. We made minor editorial changes in subsection 2 for consistency with HALLEX I-2-9-40. We added a new subsection 3 to incorporate the information previously in subsection D, with minor editorial changes.

I-3-9-4 D. — We moved the information in subsection D to subsection C. We inserted the information previously in subsection G. We made minor editorial revisions to the language and formatting for consistency with HALLEX I-2-9-40. We removed unnecessary language.

I-3-9-4 E. — We moved the information in subsection E to subsection F. We inserted the information previously in subsection H. We made minor editorial revisions to the language and formatting for consistency with HALLEX I-2-9-40. We removed unnecessary language.

I-3-9-4 F. — We moved the information in subsection F to subsection G. We inserted the information previously in subsection E. We modified the title, formatting, and language for consistency with HALLEX I-2-9-40.

I-3-9-4 G. — We moved the information in subsection G to subsection D. We inserted the information previously in subsection F and made minor editorial revisions.

I-3-9-4 H. — We moved the information in subsection H to subsection E and deleted the subsection.

I-3-9-7 A. — We changed the title to “Reopening at the Hearing Level in Post-Hearing Decision Situations” to more accurately reflect the purpose of the section. We also made minor editorial changes and added citations for the definition of new and material evidence.

I-3-9-7 B. — We made minor editorial changes.

Date: March 8, 2013