I-2-6-34.Examination of Proposed Exhibits on Date of Hearing

Last Update: 8/29/14 (Transmittal I-2-119)

Citations: 20 CFR 404.935 and 416.1435.

If the claimant or the representative has not examined the administrative record that constitutes or will constitute the evidence of record for a decision, including any proposed exhibits, the administrative law judge (ALJ) or hearing office (HO) staff must give them the opportunity to examine the material before the hearing. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-35.

If the claimant or the representative has objections or comments regarding a proposed exhibit, wants additional material from the administrative record included as evidence, or has other evidence to submit, the HO staff will inform the ALJ before the hearing begins. The ALJ will receive the objections, comments, or additional evidence on the record at the beginning of the hearing. The ALJ will rule on any objections to the proposed exhibits at the beginning of the hearing by rendering an order after the hearing or by addressing the objection in the decision.

NOTE:

If possible, the evidence or a summary of the evidence that the claimant wishes to have considered at the hearing should be submitted with the request for hearing or within 10 days after filing the request. 20 CFR 404.935 and 416.1435. See HALLEX I-2-6-15 A.3. for situations where the claimant is appearing by video teleconferencing and submits evidence at the hearing.