Subject: Posthearing Actions
This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-2-7 to clarify the policies for the consideration of evidence at the hearing level based on the final rule published in the Federal Register at 81 FR 90987. This new rule establishes nationally consistent procedures for case processing and removes the regulations in 20 CFR Part 405.
I-2-7-20 – In subsection A, we explain that an administrative law judge (ALJ) may decline to consider or obtain evidence that a claimant did not inform the Social Security Administration (SSA) about or submit to SSA at least five business days before the date of the scheduled hearing, unless the circumstances described in 20 CFR 404.435(b) and 416.1435(b) apply. We also clarify that when a claimant or appointed representative misses the five-day deadline and requests additional time to submit evidence or written arguments after the hearing, the ALJ will generally evaluate this request using the procedures in HALLEX I-2-6-59. We add a Note to clarify that in title XVI cases other than those based on an application for benefits (e.g., age 18 redeterminations, continuing disability reviews, and terminations), the ALJ will accept any evidence submitted on or before the date of the hearing decision.
I-2-7-35 – We reorganize the information into new subsections A and B. We title subsection A “Proffered Evidence” and incorporate the previous instructions into this subsection. We title new subsection B “Evidence That Was Not Proffered” and provide instructions for admitting evidence into the record that was not proffered to the claimant. We explain that an ALJ will use the procedures in HALLEX I-2-6-58 and I-2-6-59 to admit into the record posthearing evidence that was not proffered to the claimant.
Date: May 1, 2017