Background

This transmittal amends chapter I-3-8 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions regarding issuing decisions at the Appeals Council level. In part, we made the changes to incorporate the policy in Social Security Ruling (SSR) 13-3p: Title II: Appeal of an Initial Medical Disability Cessation Determination or Decision. We also made significant editorial and formatting changes to improve the provisions and conform to the plain language writing requirements.

Explanation of Content and Changes

HALLEX I-3-8-1 – We updated some of the existing language and references, moved some content to other sections, and added content from sections that were removed. For clarity, we added five subsections titled, “Authority,” “Purpose,” “Evidence Considered by AC,” “Effect of AC Decision,” and “Continuing Disability Reviews and Social Security Ruling 13-3p.” We added information as appropriate for each subsection.

HALLEX I-3-8-2 – We removed this section as the information was incorporated into section I-3-8-1.

HALLEX I-3-8-3 – We removed this section as the information was incorporated into new section I-3-8-10.

HALLEX I-3-8-4 – We removed this section as the information was incorporated into new section I-3-8-10.

HALLEX I-3-8-5 – We moved the content formerly in this section to new section I-3-8-10. We renamed the section “Medical Support Staff Opinions,” and added the content formerly in I-3-8-6.

HALLEX I-3-8-6 – We removed this section as the information was incorporated into section I-3-8-5.

HALLEX I-3-8-10 – We added a new section titled “Writing an Appeals Council Decision.” We consolidated and incorporated content from several sections that were removed. The new section includes six new subsections titled, “Audience,” “Content,” “Spanish Translations,” “Claimant Resides in Foreign Country,” “Adjudicators,” and “Releasing the Decision.”

HALLEX I-3-8-11 – We removed this section as the information was outdated.

HALLEX I-3-8-12 – We removed this section as parts of the section were incorporated into new section I-3-8-10. We did not incorporate the information formerly in subsection B into any provision as the information regarding the sequential evaluation process was incomplete and is included more appropriately in agency regulations and training materials.

HALLEX I-3-8-13 – We removed this section as the information was incorporated into new section I-3-8-10.

HALLEX I-3-8-15 – We added a new section titled “Routing Paper Files.” We consolidated and incorporated content from several sections that were removed.

HALLEX I-3-8-20 – We removed this section as the information was outdated and unnecessary.

HALLEX I-3-8-21 – We removed this section as the information was outdated. We incorporated updated instructions regarding the subject matter into new section I-3-8-10.

HALLEX I-3-8-22 – We removed this section as the information was incorporated into new section I-3-8-15.

HALLEX I-3-8-23 – We removed this section as the information was incorporated into new section I-3-8-15.

HALLEX I-3-8-24 – We removed this section as the information was incorporated into new section I-3-8-15.

HALLEX I-3-8-30 – We removed this section as the information was incorporated into section I-3-8-1.

HALLEX I-3-8-40 – We removed this section as the information was incorporated into new section I-3-8-10.

HALLEX I-3-8-50 – We removed this section as the instructions are outdated. We anticipate incorporating similar instructions in a separate HALLEX update.

HALLEX I-3-8-90 – We removed this section as the information was outdated and unnecessary. We incorporated some of the relevant instruction into new HALLEX I-3-8-15.

HALLEX I-3-8-91 – We removed this section as the information was outdated and unnecessary.

Date: October 31, 2013