I-2-9-70.When Additional Evidence Does Not Warrant Reopening

Last Update: 9/28/05 (Transmittal I-2-65)

If a claimant submits additional evidence after an Administrative Law Judge (ALJ) issues a decision, the ALJ must determine whether he or she has jurisdiction to reopen the decision. (See I-2-9-10, Administrative Law Judge Jurisdiction to Reopen and Revise a Determination or Decision.)

If the ALJ has jurisdiction and the additional evidence does not warrant reopening the decision, the ALJ must notify the claimant and representative in writing. Such notice must clearly explain why the additional evidence does not warrant reopening.

  1. If the claim file (CF) is in the HO, the HO staff must file the additional evidence and a copy of the ALJ's letter in the CF with a copy to the HO file.

  2. If the CF is in another component, the HO staff must send the additional evidence and a copy of the ALJ's letter (using transmittal form HA-505) to the appropriate component for association with the CF and retain copies of the additional evidence and ALJ letter in the HO file.

NOTE:

An ALJ's refusal to reopen and revise his or her decision is not subject to further review.