Last Update: 8/2/2016 (Transmittal I-2-185)
Renumbered from HALLEX section I-2-6-56
Under sections 205(b) and 1631(c) of
the Social Security Act, an administrative law judge (ALJ) must
base his or her decision on “evidence adduced at the hearing.” The
regulations provide that the ALJ will look fully into the issues,
question the claimant and other witnesses, and accept as evidence
any documents that are material to the issues. See 20 CFR 404.944 and
416.1444.
“Evidence” is defined in
20 CFR 404.1513
and 416.913.
An ALJ has a duty to ensure that the administrative record
is fully and fairly developed. See 20 CFR 404.1512(b) and
416.912(b).
An ALJ will make reasonable attempts to obtain evidence pertinent
to the matters at issue. Instructions for developing specific issues
are set forth throughout Hearings, Appeals and Litigation Law (HALLEX)
manual HA 01250.000.
Hearing office (HO) staff will document any attempts to develop
the record and associate the documentation with the claim(s) file.
Documenting the record is essential to show that the ALJ informed
the claimant of the need for specific evidence to decide an issue
(e.g., earnings information), the ALJ gave the claimant adequate
opportunity to obtain and submit requested evidence, or the ALJ
otherwise made every reasonable effort to obtain the evidence. At
times, the HO will not be successful in its attempts to obtain evidence.
In order to demonstrate the ALJ fulfilled his or her duty under 20 CFR 404.1512 and 416.912,
HO staff will mark as proposed exhibits all documentation showing
attempts to obtain the evidence.
When evidence is received, the ALJ must decide whether to
admit it into the record as an exhibit. For instructions on how
an ALJ determines what information to admit to the record, see HALLEX HA 01260.058.
When adducing the evidence, the ALJ will also take necessary actions
to address any conflicts in the evidence.