I-2-5-2.Prehearing Case Review by the Administrative Law Judge
Last Update: 4/15/15 (Transmittal I-2-138)
The administrative law judge (ALJ) must perform a prehearing review of the evidence to determine whether the evidence is sufficient for a full and fair inquiry into the matters at issue or if additional action is needed in the case.
The hearing office staff, based on a prehearing analysis, may notify the ALJ prior to his or her case review of the potential need to develop additional evidence. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-5 A.
B. ALJ Procedures for Conducting a Prehearing Case Review
In conducting a prehearing case review, the ALJ will evaluate the claim(s) file to determine whether it is necessary to:
Obtain evidence the claimant informed the agency about that relates to whether he or she is blind or disabled. See HALLEX I-2-5-13;
Obtain updated medical evidence or testimony from the claimant's medical source. See HALLEX I-2-5-14;
Obtain technical or specialized medical tests or opinions (consultative examinations and tests). See HALLEX I-2-5-20;
Resolve conflicts or differences in the evidence;
Determine the need for a prehearing conference. See HALLEX I-2-1-75; and
Determine whether the case meets the criteria for expedited processing or an on-the-record decision. See HALLEX I-2-1-40.