Background

At a recent Appeals Council meeting, the Council decided that when it receives new evidence with the request for review in a case in which the “closed record” provisions apply and the evidence does not relate to the period on or before the date of the ALJ hearing decision, the Appeals Council will return that evidence to the claimant with a notice as described in 20 CFR §§ 404.976(b) and 416.1476(b), whether or not that evidence was submitted by the claimant or representative, or whether or not that evidence suggests that the claimant may have met the requirements for entitlement after the date of the ALJ hearing decision.

Explanation of Content and Changes

This transmittal revises section I-3-520 D. to reflect that when the Appeals Council receives new evidence with the request for review which does not relate to the period on or before the date of the ALJ hearing decision, the analyst will return the evidence to the claimant with a notice as described in 20 CFR §§ 404.976(b) and 416.1476(b), regardless of who submitted the evidence.

Remove

Remove from Chapter I-3-500:

I-3-520 D. through I-3-530 cont., dated June 30, 1993 (2 pages).

Insert

Insert in Chapter I-3-500:

I-3-520 D. through I-3-530 cont., dated June 29, 1994 (2 pages).

Date: June 30, 1994