Last Update: 7/27/2015 (Transmittal I-3-121)
HA 01390.080 Analyst Recommendation
to the Appeals Council Regarding Reopening of a Prior Determination
or Decision (For Revision or Remand)
Renumbered from HALLEX section I-3-9-80
When the issue of reopening is before the Appeals Council
(AC), as part of the substantive review of the case pending before
the AC, the analyst will also review whether reopening and revising
a prior determination or decision is appropriate. In doing so, the
analyst will keep in mind the following:
•
If a prior paper claim(s)
file is part of the reopening question, the analyst will obtain
the claim(s) file before evaluating the issue, whenever possible.
See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01310.023.
•
If there are time restraints on the reopening issue
present in the case, such as a date by which reopening must be initiated,
the analyst must clearly note this in his or her analysis and immediately
notify his or her branch chief.
•
Unless the AC has already taken action (see HALLEX HA 01350.050),
the AC treats a request for reopening as a request for review. See
HALLEX HA 01390.010 A.
•
If the reopening issue was before the prior adjudicator
but was not addressed in the case pending before the AC, the AC
will evaluate whether a basis for granting review is present (see
HALLEX HA 01330.001).
In some cases, the analyst may recommend further development to determine
whether reopening and revision in the case is warranted. For example,
if the administrative law judge (ALJ) had jurisdiction to reopen
and revise the prior decision but did not consider the issue, and
there is a question as to whether good cause exists that requires
further development or proceedings, the analyst may recommend the
AC remand the case to the ALJ for consideration of the issue.