TN 4 (02-90)

DI 33015.030 Holding the Record Open for Documentary Evidence -Post-Hearing Development

A. Policy

At the claimant's request, the DHO may allow up to 15 days after the hearing for receipt of evidence which was not available at the hearing if:

  • the DHO determines the evidence has a direct bearing on the outcome of the hearing; and

  • the evidence could not have been obtained before the hearing.

NOTE: These two factors are to be applied in a flexible manner. See DI 33015.033 for information on post-hearing development requested by a DHO.

B. Procedure

Allow the claimant a sufficient amount of time to submit the evidence if it appears that the evidence is valuable and may be the dispositive piece of evidence. This is true even if it appears the evidence may have been available earlier.

Deny the request for time to submit the evidence if there is sufficient evidence upon which to base a decision and the allegations of what is contained in the new evidence does not appear to change the result.

Annotate the hearing report to reflect the claimant's request and the DHO's disposition. Be specific as to the evidence the claimant wishes to submit.

Allow only the amount of time needed to submit the evidence if the claimant can reasonably secure it in less than 15 days.

Document the DHU and claims folder to reflect the date the holding the record open was granted and diary case for the date the evidence is due.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0433015030
DI 33015.030 - Holding the Record Open for Documentary Evidence -Post-Hearing Development - 04/17/1990
Batch run: 01/27/2009
Rev:04/17/1990