Last Update: 9/08/05 (Transmittal I-3-36)
NOTE:
The procedures for audit of recordings have been temporarily changed (See June 20, 1997 memorandum from the then Acting Deputy Chairman of the Appeals Council (I-3-1-100 Exhibit).
|
TYPE OF ACTION |
AUDIT REQUIRED |
NOTES REQUIRED |
|---|---|---|
|
Unappealed Review Cases | ||
|
Own Motion Recommendation for Reversal or Remand |
Full audit |
Expert testimony* |
|
Effectuation |
AAJ discretion |
None |
|
Request for Review Cases | ||
|
Unfair hearing allegation |
Full audit |
Complete notes |
|
Grant review to issue a less than fully favorable decision |
Full audit |
Expert testimony* |
|
Grant review to issue a fully favorable decision |
Not required if recommendation is fully supported by the documentary record |
Analyst's discretion |
|
Remand |
Spot audit of complete recording plus full audit of expert testimony |
Expert testimony* |
|
Deny Request for Review (no unfair hearing allegation) |
Expert testimony (other than VE - ME, TP, etc.) VE testimony except when unnecessary (e.g., denial based on SGA, etc.) |
Medical testimony* VE testimony except when unnecessary * (If VE testimony was unnecessary, explain in recommendation why recording was not audited.) |
* If the ALJ has accurately summarized the testimony in his/her decision, the audit notes should simply state this fact and refer the Council to the relevant pages of the decision.