I-2-8-13.Brief or Written Statement Supplied by Claimant or Representative in Support of a Fully Favorable Decision

Last Update: 3/24/14 (Transmittal I-2-105)

A. Office of Disability Adjudication and Review (ODAR) Policy

All claimants and claimant representatives may submit a brief or written statement explaining why the evidence in the record supports a fully favorable decision. Such submissions are entirely voluntary and may be made at any time in the hearing process, from the filing of the request for hearing through any post-hearing time limit set by the administrative law judge (ALJ). Unrepresented claimants may submit a brief or written statement on their own or with the assistance of an advocate.

ODAR encourages representatives to submit briefs or written statements electronically. More information is available on the Social Security Administration website (http://www.socialsecurity.gov/appeals/otr.html).

B. Guidelines for Applying ODAR Policy

The following guidelines apply:

  1. Hearing Offices should encourage claimants and representatives who wish to do so to provide a brief or written statement.

  2. The submission of a brief or written statement is voluntary. An ALJ may not order any claimant or representative to submit a brief or written statement.

  3. An ALJ is not required to use language or rationale from any submitted brief or written statement. An ALJ also is not required to provide reasons for not using the provided language or rationale in the decision.