I-3-8-5.Medical Support Staff Reports

When the Appeals Council (AC) relies on a medical support staff (MSS) report when issuing a decision, the AC will add the MSS report to the record as an exhibit. See Hearings, Appeals and Litigation Law (HALLEX) manual I-3-2-11. The AC will exhibit the report in the F section of the claim(s) file.

If the AC decision will be less than fully favorable, the AC must proffer the MSS report to the claimant or appointed representative, if any, for comment before making it part of the record. For proffer instructions, see HALLEX I-3-2-16.

When the AC obtains an MSS report but does not rely on it, the AC will not make the MSS report a part of the record.