Last Update: 9/2/05 (Transmittal I-2-64)
Before closing the hearing, the ALJ must ask the claimant and the representative if they have any additional evidence to submit.
If the claimant and the representative have no additional evidence to submit, and the ALJ determines that no additional evidence is needed, the ALJ should state on the record that the hearing and record are closed, and inform the claimant and the representative that a written decision setting forth the findings of fact and the conclusions of law will be issued.
If the claimant and the representative have additional evidence to submit, or the ALJ determines that additional evidence is needed (e.g., a CE or an updated medical report), the ALJ will inform the claimant and the representative that the record will remain open after the hearing to allow them time to submit the additional evidence, or until the ALJ can obtain the additional evidence that is needed.
If the ALJ is to obtain the additional evidence, the ALJ should inform the claimant and the representative that they will be given an opportunity to examine the evidence , provide comments, and request a supplemental hearing before the ALJ issues a decision.
The ALJ will decide how much time to allow the claimant and representative to obtain and submit additional evidence.
The ALJ must give the claimant and the representative the opportunity to examine and comment on any additional evidence the ALJ obtains after the hearing, unless they have voluntarily waived their right to examine the evidence. If they have voluntarily waived this right, the ALJ should indicate such waiver on the record.