Last Update: 4/1/2016 (Transmittal I-2-171)
HA 01270.093 Sample - Letter
Advising Claimant of Proffer Through the Field Office
Renumbered from HALLEX section I-2-7-93
LETTER ADVISING CLAIMANT OF PROFFER
THROUGH THE FIELD OFFICE
Claimant's Name
Address
City, State ZIP
Dear __________________:
I have received additional evidence that I propose to include
in the record of your case. (See enclosed LIST OF ADDITIONAL EVIDENCE.)
I am sending this evidence to the Social Security office shown below.
They will notify you when the evidence is available for your examination,
and you will have10 days to go to the office to examine it. If you
cannot come to the office within 10 days to examine the evidence,
you must call the Social Security office shown below and request
additional time. The Social Security Office will communicate with
me regarding your request and you will be informed of my response.
Because your case is now within my jurisdiction, personnel in the
Social Security office will not be permitted to discuss the evidence
with you or to provide you with copies of it.
You may submit any or all of the following: written comments
concerning the enclosed evidence, a written statement as to the
facts and law you believe applies to your case in light of the evidence, and
any additional records you wish for me to consider. You may also
submit written questions to be sent to the author(s) of the enclosed
evidence. [You may also request a supplemental hearing with respect
to this evidence and, if required for a full and true disclosure
of the facts in your case, you may request to orally question the
author(s) of this (these) report(s).]
You may request that I issue a subpoena to require the attendance
of witnesses or the submission of records. You must submit a subpoena
request to me, in writing, no later than 5 days before the date
of any supplemental hearing. Any request must provide the names
of the witnesses or documents to be provided; the address or location
of the witnesses or documents with sufficient detail to find them;
a statement of the important facts that the witness or document
is expected to prove; and the reason these facts cannot be proven
without the issuance of a subpoena. I will issue a subpoena only
if necessary for the full presentation of your case.
The Social Security office will tell me if they do not hear
from you within 10 days of the date of their notice. I will then
assume that you do not wish to examine or comment on the evidence
[or request a supplemental hearing], and that you have no further
documentation to submit. I will carefully consider your case and
issue a decision on the evidence of record.
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Sincerely yours,
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Administrative Law Judge
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Enclosures
(list the additional evidence)
cc: Social Security Office
(Street Address)
(City,
State)