I-2-10-4.Claimant Asks to Review Investigative Evidence

A. Policy

A claimant is entitled to review all evidence in the file, as noted in Hearings, Appeals and Litigation Law manual I-2-1-35.

B. Surveillance Video

If the Office of the Inspector General or Cooperative Disability Investigations Unit evidence includes a surveillance video, a written description or still photographs from the video may be associated with the record. If the claimant requests a copy of the video, the hearing office will attempt to obtain a copy of the video from the appropriate investigative unit using the contact information in Program Operations Manual System GN 04124.010.

When an administrative law judge (ALJ) proposes to enter a surveillance video into the record as an exhibit, the claimant has a right to view the video at the hearing, even if the claimant previously viewed or declined to view the video. The video may be accepted into evidence without viewing at the hearing if the ALJ and all parties agree during the hearing. For instructions on exhibiting a video associated with an electronic folder, see the hearing office Standard Hearings Operations Procedure sections 3.2 (Case Work Up, the CEF Exhibiting Desk Guide).