If the claimant or representative submits information about another individual in support of a particular argument, allegation, or proposed finding in the case before the ALJ, the ALJ will not associate the non-party information with the claim(s) file. Instead, the ALJ will either: (1) ensure that staff returns it to the sender; or (2) for submissions that cannot be returned easily, provide the sender with 15 days to pick up the evidence. After 15 days, the evidence will be destroyed. In both situations, the ALJ will also explain in writing:

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  The submitted information relates solely to the case adjudication of another person whose claim is not properly before the ALJ; and

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  The ALJ cannot consider the information as evidence in the claim before him or her.

OHO staff may use a modified version of the sample letter in HALLEX HA 01210.099 for these purposes. The ALJ will ensure that staff associates a copy of the correspondence with the claim(s) file.

When considering a recusal request, the ALJ will follow the procedures outlined in HALLEX HA 01210.060 as the facts relate to the particular claim. When an appointed representative submits information from another claim(s) file or with another person's information, or submits other information specifically about the ALJ, for the purpose of alleging a pattern of bias by an ALJ, regardless of whether the ALJ recuses himself or herself in a particular case, the ALJ will inform the representative, in writing, that:

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  The information was [not added to][was removed from] the claim(s) file because it [relates solely to the adjudication of another person whose claim is not properly before the ALJ][is not relevant to adjudication of the particular case before the ALJ];

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  [The information is being returned][The representative has 15 days to pick up the information or it will be destroyed]; and

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  The representative may review Social Security Ruling 13-1p: Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs) for more information about how the Social Security Administration handles allegations of general bias or a pattern of bias or misconduct by ALJs against a group or particular category of individuals.

For an illustrative sample letter, see HALLEX HA 01210.099. The ALJ will ensure that staff associates a copy of the writing with the record.

The claimant or the appointed representative might allege that supporting information from a non-party's claim(s) file establishes a particular pattern of fraud or similar fault or misconduct. For example, a claimant may allege that fraud or similar fault is established based on statements from CE providers who were not involved in the pending claim(s), or statements from a CE provider who was involved in the pending claim but that relate to a report provided in a different claim.

If such allegations are based entirely on evidence involving a non-party, the ALJ must inform the claimant and the representative, in writing, that the ALJ cannot consider the allegations of fraud or similar fault because the information does not relate to the claimant or a party to the hearing. The information must be handled consistent with HALLEX HA 01210.024 C.1. above.

OHO staff may use a modified version of the sample letter in HALLEX HA 01210.099 with the following language, as appropriate:

I cannot consider your allegation of fraud or similar fault because the information supporting the allegation(s) does not relate to the claimant or a party before me and is outside the scope of the issues I am adjudicating in this particular case. Under Hearings, Appeals, and Litigation Law (HALLEX) manual I-2-1-24, an administrative law judge may not associate information related to an individual who is not the claimant or a party of the hearing. Therefore, [I did not add the documents to the claimant's claim(s) file] OR [I have removed the documents from the file].

If you would like to submit your allegations directly to the Office of the Inspector General, please visit http://oig.ssa.gov/report or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

The ALJ will ensure that staff associates a copy of the correspondence with the claim(s) file(s).

Hearing decisions must specifically acknowledge allegations of fraud or similar fault, as explained in HALLEX HA 01295.012. If the allegations are based entirely on evidence involving a non-party, the ALJ will address the allegation of fraud or similar fault in the hearing decision with the following language:

The claimant has alleged that there is reason to believe that fraud or similar fault was involved in the provision of evidence in support of the claimant's application(s). The evidence submitted to support this allegation(s), however, does not relate to the claimant or a party in the hearing before me. This issue is outside the scope of issues I am adjudicating in this claim, and I have not considered this evidence.