Last Update: 4/15/2015 (Transmittal I-2-138)

HA 01250.002 Prehearing Case Review by the Administrative Law Judge

Renumbered from HALLEX section I-2-5-2

A. General

The administrative law judge (ALJ) must perform a prehearing review of the evidence to determine whether the evidence is sufficient for a full and fair inquiry into the matters at issue or if additional action is needed in the case.

NOTE: 

The hearing office staff, based on a prehearing analysis, may notify the ALJ prior to his or her case review of the potential need to develop additional evidence. See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.005 A.

B. ALJ Procedures for Conducting a Prehearing Case Review

In conducting a prehearing case review, the ALJ will evaluate the claim(s) file to determine whether it is necessary to:

  • Issue a formal or informal remand. See HALLEX HA 01250.010 and HA 01250.012;

  • Obtain evidence the claimant informed the agency about that relates to whether he or she is blind or disabled. See HALLEX HA 01250.013;

  • Obtain updated medical evidence or testimony from the claimant's medical source. See HALLEX HA 01250.014;

  • Obtain technical or specialized medical tests or opinions (consultative examinations and tests). See HALLEX HA 01250.020;

  • Obtain medical or vocational expert testimony or interrogatories. See HALLEX HA 01250.030 through HA 01250.061;

  • Obtain evidence from non-medical sources. See HALLEX HA 01250.062 through HA 01250.077;

  • Obtain evidence by issuing a subpoena on his or her own motion or at the request of a claimant. See HALLEX HA 01250.078 through HALLEX HA 01250.082;

  • Resolve conflicts or differences in the evidence;

  • Determine the need for a prehearing conference. See HALLEX HA 01210.075; and

  • Determine whether the case meets the criteria for expedited processing or an on-the-record decision. See HALLEX HA 01210.040.


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HA 01250.002 - Prehearing Case Review by the Administrative Law Judge (I-2-5-2) - 04/15/2015
Batch run: 04/20/2025
Rev:04/15/2015