I-2-7-20.Claimant Requests Additional Time to Submit Evidence After the Hearing

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

A. Setting a Time Limit For Submitting Posthearing Evidence

When a claimant or appointed representative requests additional time to submit evidence or written arguments after the hearing, the administrative law judge (ALJ) will:

  • Set a time limit for submitting the information; and

  • Inform the claimant and appointed representative (if any) that if the ALJ does not receive the information within the set time limit, the ALJ will issue a decision without the material (absent a showing of good cause for a further extension of time).

Hearing office (HO) staff will diary the case for the time limit set by the ALJ.

B. Evidence Not Submitted

The ALJ will issue a decision without the additional evidence when:

  • The ALJ gave notice to the claimant and appointed representative (if any), as set forth in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-7-20 A above; and

  • The claimant or appointed representative (if any) does not submit the information or show good cause for requiring additional time.

When these criteria are met, it is not necessary for the ALJ or designated HO staff to recontact the claimant or appointed representative (if any) before the ALJ issues the decision.

NOTE:

However, to establish all attempts to fully and fairly develop the record, the ALJ will address any actions taken relating to good cause statements, extensions of the time limit, and non-receipt of evidence in the decision.

If the material is not received by the set time limit, but the claimant or appointed representative (if any) shows good cause for requiring additional time, the ALJ will:

  • Set another time limit by which the evidence or arguments must be received;

  • Inform the claimant and appointed representative (if any) of the revised time limit;

  • Remind the claimant and appointed representative (if any) that if the material is not received by that time, he or she will issue a decision without the information;

  • Tell the claimant and appointed representative (if any) that he or she will not grant any additional extensions unless there is good cause; and

  • Document the revised time limit in the record.

The ALJ will use the same instructions above when a claimant or appointed representative (if any) submits subsequent requests for extensions to the time limit.

C. Receipt of Evidence

1. No Other Parties to the Hearing

When a claimant or appointed representative (if any) submits posthearing evidence and there is no other party to the hearing (as defined in HALLEX I-2-1-45), the ALJ or HO staff under the ALJ's direction, will:

  • Mark the evidence as an exhibit;

  • Add the exhibit to the List of Exhibits under the heading “RECEIVED SUBSEQUENT TO THE HEARING” (see HALLEX I-2-6-30); and

  • Place the exhibit in the claim(s) file.

2. Multiple Parties to the Hearing

If there are multiple parties to a hearing (as defined in HALLEX I-2-1-45) and evidence is submitted by one party, all other parties to the hearing have the right to review the evidence. On receipt of the information, the ALJ must proffer the evidence to the other parties to the hearing, unless the other parties have waived the right to review the evidence. See HALLEX I-2-7-1.