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      • I admit non-opinion evidence into the record but do not cite to or otherwise rely on the additional evidence when making a finding; or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 t