An administrative law judge (ALJ) must exhibit any proffered
post-hearing evidence.
If post-hearing evidence comes in
after the ALJ has issued the decision, hearing office staff must not
exhibit the evidence (unless the ALJ intends to and has jurisdiction
to issue an amended decision based on the new evidence). Rather,
staff will associate the information with the claim(s) file by adding
it to the record when possible or forwarding the information to the
appropriate component. See the hearing level Standard
Hearings Operations Procedure sections 1.3.5.8 and
7.1.1.
In addition to exhibiting any proffered document(s), the ALJ must
enter into the record all documents demonstrating compliance with proffer
procedures, including copies of:
•
Comments submitted by the claimant or appointed
representative, if any;
•
Copies of the Examination of Evidence form signed by
an unrepresented claimant who reviewed the evidence at a field office
(see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01270.030D);
and
•
Letters sent to treating physicians.