Prior to the hearing, hearing office (HO) staff will select, arrange
in order, and mark proposed exhibits (see Hearings, Appeals and Litigation
Law (HALLEX) manual HA
01210.015). HO staff will also prepare a list of all the proposed
exhibits (“proposed exhibit list”) and associate a copy of
the proposed exhibit list with the claim(s) file.
Instructions for preparing a proposed
exhibit list in an electronic claim(s) file or for files established
in the Electronic Non-Medical (ENM) Application, are in Standard
Hearings Operating Procedure (SHOP) section 3.2.1.
For paper claim(s) files, HO staff will use the exhibit list template
in the Document Generation System.
As explained in HALLEX HA 01210.035, the claimant and
appointed representative, if any, have the right to examine the material
that constitutes or will constitute the evidence of record. Adding a
proposed exhibit list to the record before the hearing ensures that the
claimant and representative know what information the administrative
law judge (ALJ) intends to rely on during the hearing and when making
a decision. Adding a proposed exhibit list to the record before the
hearing also provides the claimant or representative with an opportunity
to object to any proposed exhibits or to supplement the claim(s) file with
any information that is missing before the ALJ holds the hearing.