Subject: Scheduling and Notice of Hearing
On August 9, 2010, the Social Security Administration implemented a 3-year pilot program that allowed the agency, instead of an Administrative Law Judge, to set the time and place for a hearing. This transmittal updates the instructions contained in HALLEX I-2-3 to reference the existence of the program, but does not otherwise address any aspect of the pilot program.
Additionally, on September 10, 2010, the Office of the Chief Administrative Law Judge released Chief Judge Bulletin (CJB) 10-04, which provided guidance regarding when it was permissible to conduct a hearing by telephone for a claimant held in a place of confinement. This transmittal incorporates that guidance into HALLEX instructions.
We modified I-2-3-10 to incorporate changes to 20 CFR 404.936 and 416.1436 (68 FR 5218, Feb. 3, 2003, as amended at 75 FR 39160, July 8, 2010). Additionally, we incorporated language from CJB 10-04 into the section. We provided further clarification regarding reimbursement of travel expenses for consistency with the Administrative Instructions Manual Systems and other programmatic guidance. We clarified there are significant differences between travel reimbursement for representatives and travel reimbursement for claimants or subpoenaed witnesses. We also made other minor editorial changes.
Date: May 24, 2011