I-2-2-20.Objections to the Issues

Last Update: 5/1/17 (Transmittal I-2-204)

An administrative law judge (ALJ) will provide advance notice to all parties to a hearing of the issue(s) he or she will decide, unless a party waives, in writing, the right to such advance notice. For notice of issues, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-2-10. For general information about issues decided at the hearing, see HALLEX I-2-2-1. For the definition of parties to the hearing, see HALLEX I-2-1-45.

As set forth in 20 CFR 404.939 and 416.1439, if a party objects to an issue(s) the ALJ will decide at the hearing, the party must notify the ALJ, in writing, stating his or her reason(s) for the objection(s). The party must submit the objection no later than five business days before the date of the scheduled hearing, unless he or she shows that his or her circumstances meet the conditions described in 20 CFR 404.935(b) and 416.1435(b). For the definition of business days, see HALLEX I-2-5-1 NOTE 3. The ALJ will rule on the objection, either in a writing marked as an exhibit in the claim(s) file or on the record during the hearing.

A party to the hearing may also submit other objections that do not fall under the scope of this regulation. Specifically, a party may raise objections during the hearing (e.g., objections to the testimony given by a witness), or a party may object to:

  • The manner of appearance or the time and place set for hearing (see HALLEX I-2-3-12).

  • The proposed exhibits (see HALLEX I-2-6-34).

  • Medical expert or vocational expert responses to interrogatories (see HALLEX I-2-5-44 B or I-2-5-58).

  • The ALJ assigned to the case (see HALLEX I-2-1-60).