Oral (bench) decisions are fully favorable decisions that the ALJ enters into the
record of the hearing proceedings. A bench decision provides the ALJ an alternative
procedure for use when issuing a written decision.
An ALJ may issue a bench decision and use its incorporation-by-reference procedure
only if all the following criteria are present:
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The case is an initial adult disability case under title II and/or title XVI of the
Social Security Act (Act), or a claim for benefits as a disabled widow, widower, or
surviving divorced spouse under title II of the Act, or a claim for payments as a
child under age 18 under title XVI of the Act.
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Drug addiction or alcoholism is not an issue in the determination of disability.
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The case does not involve a title II disabled adult child, a title XVI age-18 redetermination,
a continuing disability review, a closed period of disability, or a non-disability
claim.
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There is no reason to believe that fraud or similar fault is an issue in the case.
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The ALJ decides at the hearing that a wholly favorable decision is warranted
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There are no changes to the findings of fact or the rationale for the ALJ decision
between the time the bench decision is made at the hearing and the written decision
is issued.
If the ALJ chooses to make a fully favorable oral decision at the hearing, the ALJ
is required to include as an exhibit in the record a prescribed document that sets
forth the key data, findings of fact, and narrative rationale for the decision. During
the hearing, the ALJ must clearly delineate the decision from the rest of the hearing
proceedings. When announcing the oral decision, the ALJ is required to clearly speak
and enunciate so that the decision is audible and understandable by the claimant or
other reviewing component, and the decision must include the case's procedural history,
the ALJ’s findings and rationale, and the ultimate conclusion (see HALLEX I-2-8-19B.2.b).