I-2-7-35.Entering Posthearing Evidence Into the Record

Last Update: 4/1/16 (Transmittal I-2-171)

An administrative law judge (ALJ) must exhibit any proffered posthearing evidence.


If posthearing evidence comes in after the ALJ has issued the decision, hearing office staff must not exhibit the evidence (unless the ALJ intends to and has jurisdiction to issue an amended decision based on the new evidence). Rather, staff will associate the information with the claim(s) file by adding it to the record when possible or forwarding the information to the appropriate component. See the hearing level electronic business process rules 1.2 C.9 and 1.3 D.9.

In addition to exhibiting any proffered document(s), the ALJ must enter into the record all documents demonstrating compliance with proffer procedures, including copies of:

  • The proffer letter;

  • Comments submitted by the claimant or appointed representative, if any;

  • Copies of the Examination of Evidence form signed by an unrepresented claimant who reviewed the evidence at a field office (see Hearings, Appeals and Litigation Law manual I-2-7-30 D and I-2-7-96); and

  • Letters sent to treating physicians.