Last Update: 11/10/2015 (Transmittal I-3-127)
Renumbered from HALLEX section I-3-3-3
For the purpose of evaluating a claim before the Social Security
Administration, an error of law is generally defined as a misinterpretation,
misapplication, or failure to consider or apply pertinent law(s),
regulation(s), Social Security Ruling(s), or an applicable Acquiescence
Ruling(s).
While sub-regulatory issuances
(including the Hearings, Appeals and Litigation Law manual) are
not categorized as “law” for this purpose, the Appeals
Council will grant review under the “error of law” standard
if an administrative law judge (ALJ) does not adhere to sub-regulatory
policy or procedure and the ALJ's non-compliance results in a due
process violation.
An error of law includes an error
on the face of the evidence, as discussed in Social Security Ruling 85-6c,
Section 224 (42 U.S.C. 424a) Disability – Reduction of
Benefits Due to Receipt of a Lump-Sum Workers' Compensation Settlement – Finality
of Decision – Reopening for Error of Law. If the evidence
clearly shows the result reached to have been legally erroneous
at the time it was reached, then it may be fairly said that “[t]he
evidence that was considered in making the determination or decision
clearly shows on its face that an error was made.”
Common examples of errors of law include, but are not limited
to, the following:
•
Not addressing an
acceptable medical source opinion in the record;
•
Not adhering to dismissal procedures;
•
Improper evaluation of past relevant work or using
incorrect medical-vocational rules;
•
Establishing a period of disability beginning after
the date the claimant last met earnings requirements in a title
II only claim;
•
Adjudicating one title but not the other in a concurrent
claim;
•
Giving improper notice of hearing;
•
Not notifying the claimant of the right to cross-examine
witnesses;
•
Not notifying the claimant of the right to representation;
and
•
Not ruling on an objection raised at the hearing.