Division 5: I-5-4
Subject: Court Cases
This transmittal amends section I-5-4-74 of the Hearings, Appeals and Litigation Law (HALLEX) manual to provide instructions for processing subsequent applications under Social Security Acquiescence Ruling (AR) 19-1(6), Hicks v. Commissioner of Social Security: Disregarding Evidence During Redeterminations under Sections 205(u) and 1631(e)(7) of the Social Security Act.
HALLEX I-5-4-74 – In V.C.6.A., we explained that administrative law judges (ALJ) will add language to hearing decisions noting that the finding as to whether there is reason to believe the provision of evidence involved fraud or similar fault is an appealable issue. We added V.C.7. to provide instructions for notifying the effectuating component of the outcome of redetermination decisions. We moved the information in subsection IX. regarding inquiries to subsection X. In subsection IX., we provided instructions for processing subsequent applications under AR 19-1(6). We also provided guidance in subsection IX. that when adjudicating a subsequent claim where the Drummond and Dennard ARs apply, adjudicators will not adopt the findings of a prior final ALJ or Appeals Council decision if the decision excluded evidence without providing the claimant an opportunity to challenge the disregard of evidence under AR 19-1(6). We made minor editorial changes throughout.
Date: February 18, 2021