When processing a request for review, an analyst (or when
applicable, other assigned staff) must audit the entire hearing
recording(s) when:
•
A request for review
involves an allegation of an unfair hearing;
•
The analyst is recommending that the Appeals Council
grant review and issue a less than fully favorable decision; or
•
The adjudicator requests an audit of the entire
hearing recording.
An analyst or assigned staff must audit portions of the hearing
recording(s) when:
•
A claimant or representative
raises specific contentions regarding testimony given at hearing,
expert witness testimony, or the administrative law judge's treatment
of certain hearing testimony;
•
The decision rationale is insufficient regarding
expert witness testimony; or
•
The adjudicator requests an audit of certain portions
of the hearing recording.
In evaluating whether an unrepresented
claimant specifically requested an audit of the hearing recording,
analysts must consider the claimant's ability to articulate contentions
(e.g., literacy, level of education, or presence of a mental impairment
that may affect the claimant's ability to pursue his or her claim).
Even when a full or partial audit of the hearing recording
is not required, an analyst will perform a spot check audit of the
hearing recording to ensure the hearing recording is audible.
When the case has been remanded from court, the analyst will
use the recording audit requirements in Hearings, Appeals and Litigation
Law (HALLEX) manual HA 01320.009.
If the hearing recording is missing or inaudible, see instructions
in HALLEX HA 01310.012.