I-2-7-35.Entering Posthearing Evidence

Last Update: 9/2/05 (Transmittal I-2-62)

A. Making Document(s) an Exhibit

To enter a document into the record:

  • Mark and number the document as the next exhibit.

  • Add a description of the document and its exhibit number to the List of Exhibits (See I-2-1-20, Preparation of Exhibit List and I-2-6-30, Additional Evidence Received at or After the Hearing.).

  • Place the exhibit with the other exhibits in proper order.

B. Proffered Documents

In addition to making the proffered document(s) an exhibit, enter into the record all documents demonstrating compliance with proffer procedures; e.g., copies of proffer letters to the claimant and representative, the comments submitted by the claimant or representative or the Examination of Evidence form signed by the unrepresented claimant, letters sent to treating physicians with notations that copies were also sent to the claimant.

If an ALJ enters posthearing evidence into the record without proffer, the ALJ must ensure that the claimant waived the right to examine the evidence and to appear at a supplemental hearing. The waiver may have been made on-the-record at the hearing or by a signed written statement. Regardless of the form of the waiver, the ALJ must ensure on-the-record that the claimant (especially a pro se claimant) is fully informed of and understands the effects of the waiver. If the waiver was by a signed written statement, the ALJ must enter the statement into the record as an exhibit.

NOTE:

See I-2-5-97 through I-2-5-99, Samples for sample letters to transmit interrogatories or revised interrogatories or to proffer the responses to the claimant or representative.