BASIC (06-11)

DI 57601.020 Submitting Evidence for the Hearing in Region I

Citations:

20 CFR 405.331

A. Submitting evidence for a hearing request

Encourage the claimant to submit evidence with the hearing request (but do not delay transferring the claim to the hearing office (HO)).

The claimant must submit the evidence no later than five business days before the date of the hearing. If claimant misses the deadline but wants to submit the evidence before the hearing or at the hearing, the administrative law judge (ALJ) will accept the evidence if the claimant shows one of the following.

  • SSA’s action misled the claimant.

  • The claimant had a physical, mental, educational, or linguistic limitation that prevented him or her from submitting the evidence earlier.

  • The existence of some other unusual, unexpected, or unavoidable circumstance beyond the claimant’s control prevented him or her from submitting the evidence earlier.

If the claimant wants to submit evidence after the hearing but before the hearing decision is issued, the ALJ will accept the evidence if the claimant shows the following.

  1. There is a reasonable possibility that the evidence, alone or when considered with the other evidence of record, would affect the outcome of his or her claim. AND

  2. One of the following:

    • SSA’s action misled the claimant.

    • The claimant had a physical, mental, educational, or linguistic limitation(s) that prevented him or her from submitting the evidence earlier.

    • The existence of some other unusual, unexpected, or unavoidable circumstance beyond the claimant’s control prevented him or her from submitting the evidence earlier.

B. Field Office (FO) actions

If the claimant submits evidence for a hearing to the FO after the five business day deadline (or after the hearing), contact the hearing office immediately for instructions.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0457601020
DI 57601.020 - Submitting Evidence for the Hearing in Region I - 06/10/2011
Batch run: 06/10/2011
Rev:06/10/2011