Last Update: 5/1/2017 (Transmittal I-2-198)
Renumbered from HALLEX section I-2-5-1
A claimant must inform the Social Security Administration
(SSA) about or submit to SSA all evidence, in its entirety, known
to him or her that relates to whether or not he or she is blind
or disabled. See 20 CFR 404.1512 and 416.912. If a claimant has
a representative, then the representative must help the claimant
obtain the information or evidence that the claimant must submit. See 20
CFR 404.1740(b)(1) and 416.1540(b)(1).
As set forth in our regulations, we will assist claimants in developing
the record when appropriate. See 20 CFR 404.1512(b) and 416.912(b).
Evidence generally does not include
a representative's analysis of the claim or oral or written communications
between a claimant and his or her representative that are subject
to the attorney-client privilege, or that would be subject to the attorney-client
privilege if a non-attorney representative was an attorney. 20
CFR 404.1513(b) and 416.913(b).
If a representative has a pattern
of not submitting evidence that relates to the claim, or if the
claimants of a particular representative develop a pattern of not submitting
evidence to us or not informing us about evidence that relates to
their claims, an administrative law judge (ALJ) will consider whether
circumstances warrant a referral to the Office of the General Counsel
(OGC) as a possible violation of our rules. See Hearings, Appeals,
and Litigation Law (HALLEX) manual HA 01110.050 for instructions on making
referrals to OGC.
At the hearings level, a claimant generally must inform SSA
about or submit evidence, as required in 20
CFR 404.1512 and 416.912,
no later than five business days before the date of the scheduled
hearing. If the claimant informs the agency about or submits evidence
less than five business days before the date of the scheduled hearing,
at, or after the hearing, the ALJ may decline to obtain or consider
the evidence, unless the circumstances in 20
CFR 404.935(b) and 416.1435(b) apply
(see HALLEX HA 01260.058 and HA 01260.059).
To determine whether the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply,
see HALLEX HA 01260.059 B.
A business day is any weekday
excluding Federal holidays. The business day ends after 11:59PM
in the time zone where the hearing office (HO) servicing the claimant's
current address is located.
If a claimant informs SSA about evidence, the ALJ will generally
determine whether to obtain the evidence using the procedures in
HALLEX HA 01250.013.
If a claimant submits evidence to SSA, the ALJ will generally determine
whether to consider the evidence using the procedures in HALLEX HA 01260.058 and HA 01260.059.
In title XVI cases other than
those based on an application for benefits (e.g., age 18 redeterminations,
continuing disability reviews, and terminations), the ALJ will accept
any evidence submitted on or before the date of the hearing decision.
See 20
CFR 416.1435(c).
An ALJ may also decide that he or she needs additional medical
or non-medical evidence to make a proper decision in a case. In
this circumstance, the ALJ will make all reasonable attempts to
fully and fairly develop the record. The ALJ, or HO staff, will
add to the record and exhibit documentation of all attempts to obtain
evidence.
In addition, an ALJ may decide that witnesses are needed to
fully and fairly evaluate the issues in a case. The ALJ or HO staff
will schedule appropriate witnesses for the hearing or solicit interrogatories
from sources, experts, or other relevant persons. The ALJ may issue
a subpoena if a witness indicates he or she will not appear voluntarily
or if the witness refuses to produce requested evidence, and the
witness's testimony or evidence is reasonably necessary for the
full presentation of the case. See 20
CFR 404.950(d) and 416.1450(d).
See also HALLEX HA 01250.078 and HA 01250.080.
If an ALJ receives additional evidence after the hearing from
a source other than the claimant or the appointed representative,
and the ALJ proposes to admit the evidence into the record, the
ALJ will proffer the evidence using the instructions in HALLEX HA 01270.001. The
ALJ will make a decision based on the evidence in the record, including
evidence the ALJ has obtained directly.