Hearing office (HO) staff will initiate and conduct a prehearing case analysis and workup when the HO receives a claim(s) file. HO staff will consult with the administrative law judge (ALJ) and HO management on the issues discussed below, as needed.

As part of the prehearing case analysis, HO staff will review the claim(s) file to determine whether the claimant informed the agency about additional evidence that is not in the record. If the evidence is not in the record, HO staff will develop the evidence according to the regulations and instructions in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01250.013.

If HO staff determines additional evidence may be needed for a full and fair inquiry into the matters at issue, they will consult with an ALJ to determine whether to develop the evidence. See HALLEX HA 01250.002. If the ALJ decides that they need additional evidence, the HO will develop the evidence before scheduling the hearing.

In addition to performing a prehearing analysis of evidentiary issues, as discussed in subsection B above, HO staff (or the ALJ, if otherwise stated in the referenced citation), will take the following actions:

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  Ensure the claim(s) file is associated with the correct claimant.

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  Assess whether there is a prior claim(s) file. See HALLEX HA 01210.013.

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  Determine whether special handling procedures apply. See HALLEX HA 01210.055 D.

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  Determine who is a party to the hearing. See HALLEX HA 01210.045.

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  Determine the issues in the case. See generally HALLEX HA 01220.000.

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  Ensure concurrent claim(s) or requests for escalation of claim(s) are associated with the case. See HALLEX HA 01220.022.

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  Determine whether special notices are required. See HALLEX HA 01230.045 and HA 01230.050.

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  Document whether the claimant has objected to appearing at the hearing by audio, agency video, or both. See HALLEX HA 01205.021.

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  Document whether the claimant has agreed to appearing at the hearing by online video. See HALLEX I-2-0-22.

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  Note whether the case may be appropriate for a decision on-the-record, or whether the claimant has waived the right to a hearing. See HALLEX HA 01210.082.

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  Select the proposed exhibits and prepare an exhibit list. See HALLEX HA 01210.015 and HA 01210.020.

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  Determine whether an interpreter or other special accommodations are needed at the hearing. See HALLEX HA 01205.015 C, HA 01210.070, HA 01210.072, HA 01210.074, and HA 01230.010.

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  Determine whether expert testimony is needed at the hearing. See HALLEX HA 01250.034 and HA 01250.050.

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  Determine whether the testimony of any other witness is needed at the hearing. For instructions regarding when field office employees can be called as witnesses, see HALLEX HA 01250.071.

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  Give the claimant or the representative the opportunity to examine the claim(s) file. See HALLEX HA 01210.035.

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  Schedule a prehearing conference, if appropriate. See HALLEX HA 01210.075.

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  Schedule a hearing and send a notice of hearing (if applicable). See HALLEX HA 01230.010 and HA 01230.015.

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  For claim(s) remanded by the Appeals Council, request clarification before scheduling a hearing if the ALJ cannot carry out the directive(s) set forth in the remand order, or if the directive(s) appears to have been rendered moot. See HALLEX HA 01210.085.