Identification Number:
CJB 16-05
Intended Audience:All ODAR Hearing Level Employees
Originating Office:ODAR Office of the Chief Administrative Law Judge
Title:Modifications to Proffer Letter Template
Type:Chief Judge Bulletins
Program:Title II (RSI); Title XVI (SSI); Disability
Link To Reference:HALLEX I-2-7-1
 
Retention Date: Indefinite, retain until systems changes are made.

On April 1, 2016, we modified HALLEX I-2-7-1, which provides for language changes to the proffer letter template. The revised HALLEX states that “When proffer is required, the ALJ will usually offer the claimant an opportunity for a supplemental hearing.” Thus, in most instances the current template can be used as is. The policy revisions, however, no longer require supplemental hearings in all instances. If a supplemental hearing need not be offered, then the template should be modified as described below.

Modifying the Proffer Letter Template

Under the paragraph sub-heading entitled “Actions You Have A Right To Take” remove the last two paragraphs and replace it with the paragraph shown below.

You will not be eligible for a supplemental hearing if:

      • I admit non-opinion evidence into the record but do not cite to or otherwise rely on the additional evidence when making a finding; or
      • The evidence is of a nature that has no significant impact on the outcome or processing of your claim (e.g., medical treatment for a common ailment that I reasonably find is unrelated to your impairment(s)).
Under the sub-heading entitled “Actions I Will Take If I Do Not Hear From You” remove the last paragraph and replace it with the paragraph shown below.
      If I do not receive a response from you within 10 days of the date you receive this notice, I will assume that you do not wish to submit any written statements or records. Unless I determine that you are eligible for a supplemental hearing, I will then enter the new evidence in the record and issue my decision.

We are including a hyperlinked sample notice with the revisions. We will modify the template in a future Document Generation System release, which will preclude any need to manually modify the template.

Direct all program–related and technical questions to your Regional Office (RO) support staff. RO support staff may refer questions or unresolved issues to their Headquarters’ contacts in the Office of the Chief Administrative Law Judge.


CJB 16-05 - Modifications to Proffer Letter Template - 09/08/2016