I-4-4-20.Additional Evidence Does Not Affect the Defensibility of the Pending Court Case

Last Update: 02/13/17 (Transmittal I-4-66)

A. General Analyst Action

If the analyst concludes that the additional evidence, contentions or other materials do not affect the defensibility of the pending court case, a memorandum to the Office of the General Counsel (OGC) must be prepared. The memorandum must include a rationale indicating why it has been determined that the materials do not affect the defensibility of the pending civil action. If the claimant or the claimant's counsel submitted the additional evidence directly to the Appeals Council (AC) rather than the court or OGC, the analyst must attach copies of the new evidence to the memorandum being sent to OGC.

B. Duplicate Materials

If the additional evidence or other materials are duplicates of documents contained in the claim(s) file or certified administrative record (CAR), the analyst must annotate the evidence as duplicate and return the claim(s) file or CAR to the Court Case Preparation and Review Branch support staff. No further evaluation of the record is necessary and a memorandum to OGC should not be prepared. However, if the claimant or the claimant's counsel submitted duplicate evidence directly to the AC in connection with a request for further consideration of the record, the analyst must prepare a memorandum to OGC identifying the evidence and explaining that it duplicates evidence previously of record and that no change is warranted in the hearing decision.