Last Update: 1/13/2016 (Transmittal I-2-159)
Renumbered from HALLEX section I-2-2-1
A claimant who files a request for a hearing may specifically
indicate that he or she only disagrees with certain aspects of the
determination. However, the issues before the administrative law
judge (ALJ) include all the issues brought out in the initial, reconsidered,
or revised determination that were not decided entirely in the claimant's
favor. See 20
CFR 404.946(a) and 416.1446(a).
In addition to issues that are unfavorably decided, an ALJ
may also reconsider issues previously decided in the claimant's
favor if evidence causes the ALJ to question a favorable determination or
if there was an error of law. See 20 CFR 404.946(a) and 416.1446(a).
Additionally, under 20 CFR 404.946(b) and 416.1446(b),
an ALJ may consider a new issue (i.e., one that has not previously
been adjudicated) if:
•
A party to the hearing
(see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.045)
raises a new issue; or
•
The ALJ, on his or her own initiative, raises a
new issue over which he or she has jurisdiction. (See HALLEX HA 01220.010 for
detailed information on jurisdiction issues and exceptions).
An ALJ will provide advance notice to the parties of the hearing
of any issue, whether new or previously decided, that he or she
will consider. For detailed instructions regarding notice of the issues,
see HALLEX HA 01220.010.
If a prior claim is pending in Federal
court, see HALLEX HA 01280.016 for
a more detailed explanation of the timeframes and issues the ALJ
will consider on the subsequent application.