I-2-6-76.Arguments by the Claimant or Appointed Representative

Last Update: 10/14/16 (Transmittal I-2-193)

Under 20 CFR 404.949 and 416.1449, the administrative law judge (ALJ) will allow a claimant or appointed representative, if any, to appear before the ALJ to state the claimant's case, present a written summary of the case, or enter written statements about the facts and law material to the case.

During a hearing, an ALJ will provide the claimant and appointed representative, if any, reasonable time to present oral argument. Absent special circumstances, the ALJ will not fix a time limit on oral argument prior to the presentation of arguments. The ALJ will ensure all oral arguments are recorded and made a part of the record.

After all hearing testimony has been presented, the ALJ will:

  • Offer the claimant and appointed representative, if any, the opportunity to make a final oral argument at the hearing; and

  • If necessary, address assertions made during final oral argument by the claimant or appointed representative, if any, if the argument varies sharply with the evidence of record or if the argument raises new and relevant issues.