Last Update: 2017-05-01 TN-012-198)
A claimant must inform the Social Security
Administration (SSA) about or submit to SSA all evidence,
in its entirety, known to him or her that relates to
whether or not he or she is blind or disabled. See
20 CFR 404.1512 and
416.912.
If a claimant has a representative, then the
representative must help the claimant obtain the information
or evidence that the claimant must submit. See
20 CFR 404.1740(b)(1) and
416.1540(b)(1).
As set forth in our regulations, we will assist claimants
in developing the record when appropriate. See
20 CFR 404.1512(b) and
416.912(b).
Evidence generally does
not include a representative's analysis of the claim or
oral or written communications between a claimant and his
or her representative that are subject to the attorney-client
privilege, or that would be subject to the attorney-client privilege
if a non-attorney representative was an attorney.
20 CFR 404.1513(b) and
416.913(b).
If a representative has a pattern of not
submitting evidence that relates to the claim, or if the claimants of a
particular representative develop a pattern of not submitting evidence
to us or not informing us about evidence that relates to their claims,
an administrative law judge (ALJ) will consider whether circumstances
warrant a referral as a possible violation of our rules pertaining
to representative conduct. See Hearings, Appeals, and Litigation Law
(HALLEX) manual HA 01110.050
for instructions on making referrals.
At the hearings level, a claimant generally must inform
SSA about or submit evidence, as required in
20 CFR 404.1512 and 416.912,
no later than five business days before the date of the scheduled
hearing. If the claimant informs the agency about or submits evidence
less than five business days before the date of the scheduled
hearing, at, or after the hearing, the ALJ may decline to obtain or
consider the evidence, unless the circumstances in
20 CFR 404.935(b) and
416.1435(b)
apply (see HALLEX HA 01260.058 and
HA 01260.059). To
determine whether the circumstances in
20 CFR 404.935(b) and
416.1435(b)
apply, see HALLEX HA 01260.059B.
A business day is any weekday excluding
Federal holidays. The business day ends after 11:59 PM in the time zone
where the hearing office (HO) servicing the claimant's current address
is located.
If a claimant informs SSA about evidence, the ALJ will generally
determine whether to obtain the evidence using the procedures in HALLEX
HA 01250.013. If
a claimant submits evidence to SSA, the ALJ will generally determine
whether to consider the evidence using the procedures in HALLEX HA 01260.058 and HA 01260.059.
In title XVI cases other
than those based on an application for benefits (e.g.,
age 18 redeterminations, continuing disability reviews,
and terminations), the ALJ will accept any evidence submitted
on or before the date of the hearing decision. See
20 CFR 416.1435(c).
An ALJ may also decide that he or she needs additional medical
or non-medical evidence to make a proper decision in a case. In this
circumstance, the ALJ will make all reasonable attempts to fully and
fairly develop the record. The ALJ, or HO staff, will add to the record
and exhibit documentation of all attempts to obtain evidence.
In addition, an ALJ may decide that witnesses are needed
to fully and fairly evaluate the issues in a case. The ALJ or HO
staff will schedule appropriate witnesses for the hearing or solicit
interrogatories from sources, experts, or other relevant persons. The ALJ
may issue a subpoena if a witness indicates he or she will not appear
voluntarily or if the witness refuses to produce requested evidence,
and the witness's testimony or evidence is reasonably necessary
for the full presentation of the case. See
20 CFR 404.950(d) and
416.1450(d).
See also HALLEX HA
01250.078 and HA
01250.080.
If an ALJ receives additional evidence after the hearing from a
source other than the claimant or the appointed representative, and the
ALJ proposes to admit the evidence into the record, the ALJ will proffer
the evidence using the instructions in HALLEX HA 01270.001. The ALJ will make a
decision based on the evidence in the record, including evidence the
ALJ has obtained directly.