I-2-7-1.Posthearing Evidence – When Proffer Is Required

Last Update: 4/17/15 (Transmittal I-2-140)

An administrative law judge (ALJ) must give the claimant and appointed representative, if any, the opportunity to examine additional evidence received after the hearing in order for the claimant to:

  • Comment on, object to, or refute the evidence by submitting other evidence;

  • Request a supplemental hearing; or

  • If required for a full and true disclosure of the facts, cross-examine the author(s) of the evidence.

When an ALJ receives additional evidence after the hearing from a source other than the claimant or the appointed representative, and the ALJ proposes to admit the evidence into the record, he or she must generally proffer the evidence to the claimant and appointed representative, if any. For more information about how an ALJ proffers evidence, see the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-7-30. When there are multiple parties to a hearing, the ALJ must proffer additional evidence from one of the parties to all parties to the hearing. For an explanation of who is a party to a hearing, see HALLEX I-2-1-45.

An ALJ is not required to proffer posthearing evidence in the following circumstances:

  • The evidence was submitted by the claimant or the appointed representative, and there is no other party to the hearing (see HALLEX I-2-7-20). (For more information about who is a party to the hearing, see HALLEX I-2-1-45);

  • The claimant has knowingly waived his or her right to examine the evidence (see HALLEX I-2-7-15); or

  • The ALJ issues a fully favorable decision.