I-2-8-98.Exhibit - Information for Claimants and Representatives About Submitting Language That May Be Used in the Hearing Decision Or Bench Decision Checklist
Last Update: 8/7/09 (Transmittal I-2-78)
A. Information for Claimants and Representatives About Submitting Proposed Language for the Hearing Decision
If you or your representative believe the law and evidence support a fully favorable decision, you or your representative may submit proposed language for the decision to the Administrative Law Judge (ALJ) at any stage of the proceeding, beginning with the filing of the request for hearing and extending through any post hearing time limit set by the ALJ. All suggested decisional language submissions should follow the Findings Integrated Templates (FIT) format. Claimants and representatives now have access to FIT which is available at SSA's FIT website: http://www.ssa.gov/appeals/fit/index.html. The website contains the FIT templates and the systems requirements for using this new application.
If the ALJ decides to issue a fully favorable decision, he or she may use the language proposed by you or your representative. You or your representative are not required to supply language, and the ALJ is not required to use any supplied language. If you or your representative submit proposed language after the hearing, the ALJ will consider using it only if he or she has not yet issued the decision.
If you or your representative cannot access forms from the FIT website, the hearing office assigned to your case will provide you with a paper copy of the form upon your request.
B. Information for Claimants and Representatives About Submitting Proposed Checksheet for Oral Bench Decisions.
When an ALJ issues an oral bench decision under 20 CFR 404.953 or 416.1453, he or she is required to prepare a checksheet that will be made an exhibit in the claims file. You or your representative may submit a proposed checksheet to the ALJ for consideration. Refer to I-5-1-17, Oral (Bench) Decision Procedures, for the format of the checksheet and other procedures governing the use or non-use of the checksheet completed by the ALJ or submitted by the claimant or representative. See Attachment 2 of HALLEX I-5-17 for a sample checksheet.
If you or your representative cannot access HALLEX I-5-1-17, the hearing office assigned to your case can provide a copy of the HALLEX provision.