I-2-7-35.Entering Post-hearing Evidence Into the Record

Last Update: 5/1/17 (Transmittal I-2-200)

A. Proffered Evidence

An administrative law judge (ALJ) must exhibit any proffered post-hearing evidence.

NOTE:

If post-hearing evidence comes in after the ALJ has issued the decision, hearing office staff must not exhibit the evidence (unless the ALJ intends to and has jurisdiction to issue an amended decision based on the new evidence). Rather, staff will associate the information with the claim(s) file by adding it to the record when possible or forwarding the information to the appropriate component. See the hearing level Standard Hearings Operations Procedure section 1.3.5.8 and 7.1.1.

In addition to exhibiting any proffered document(s), the ALJ must enter into the record all documents demonstrating compliance with proffer procedures, including copies of:

  • The proffer letter;

  • Comments submitted by the claimant or appointed representative, if any;

  • Copies of the Examination of Evidence form signed by an unrepresented claimant who reviewed the evidence at a field office (see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-7-30 D and I-2-7-96); and

  • Letters sent to treating physicians.

B. Evidence That Was Not Proffered

Generally, an ALJ will not proffer post-hearing evidence when:

  • The evidence was submitted by the claimant or the appointed representative, if any, 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. See HALLEX I-2-7-1.

An ALJ will use the procedures in HALLEX I-2-6-58 and I-2-6-59 to admit into the record post-hearing evidence that was not proffered to the claimant.