I-4-3-84.Appeals Council Decisions — Proffering Evidence

Last Update: 4/1/16 (Transmittal I-4-50)

A. When to Proffer Evidence After Court Remand

The Appeals Council (AC) will proffer new evidence after a court remand when:

  • The AC intends to issue a decision on receipt of the court remand (see Hearings, Appeals and Litigation Law (HALLEX) manual I-4-3-80);

  • The evidence is received from a source other than the claimant or the appointed representative (if any);

  • The AC intends to add the evidence to the record; and

  • The AC's decision will not be fully favorable.

NOTE:

For the definition and purpose of proffer, see HALLEX I-3-2-16.

B. Proffering Procedures

Except in regards of when to proffer evidence, the AC will adhere to the same procedures set forth in HALLEX I-3-2-16 when proffering evidence after a court remand.