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Other Sources of law in Social Security Disability and SSI cases (HALLEX)

I have previously blogged about sources of law in Social Security Disability and SSI cases. (See blog posting from April 10, 2014.) In that blog, I briefly discussed sources such as the Code of Federal Regulations (C.F.R.), Circuit Court of Appeals cases (Utah belongs to the 10th Denver), Social Security Rulings (SSRs), and Acquiescence Rulings (ARs).

There is also the HALLEX, which is an acronym for Hearings, Appeals, and Litigation Law Manual. These are guiding principles and policies that must be followed by the Social Security Administration in making disability determinations at the hearing level, Appeals Council level, and civil action level. The Social Security office that handles hearings is also known as the Office of Disability Adjudication and Review (ODAR).

The introduction to HALLEX states:

“Through HALLEX, the Deputy Commissioner for Disability Adjudication and Review conveys guiding principles, procedural guidance, and information to Office of Disability Adjudication and Review staff. HALLEX defines procedures for carrying out policy and provides guidance for processing and adjudicating claims at the hearing, Appeals Council, and civil action levels. It also includes policy statements resulting from Appeals Council en banc meetings under the authority of the Appeals Council Chair.” (See HALLEX 1-1-0-1.)

I would suggest that it is sometimes helpful in disability cases to know how to research and cite to all these different sources of policy and law.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.

Melvin Cook:
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