Under 20 CFR 404.953(b) and 416.1453(b), an administrative law judge (ALJ) may enter a fully favorable oral decision based on the preponderance of the evidence into the record of the hearing proceedings, and thereafter issue a written decision that incorporates the oral decision by reference. However, the regulations also state that an ALJ may use these procedures only when:

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  The case was identified by the Social Security Administration (SSA) in advance as appropriate for an oral decision (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01280.019 A.2. below); and

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  No changes are required in the findings of fact or the reasons for the decision as stated at the hearing.

If a fully favorable decision is entered into the record at the hearing, the regulations require that the ALJ include as an exhibit, a document that sets forth the key data, findings of fact, and narrative rationale for the decision (see HALLEX HA 01280.019 B.2. below).

The regulations also require that if the decision incorporates by reference the findings and the reasons stated in an oral decision at the hearing, a party may submit a written request for a record of the oral decision. On request, SSA must provide the party with a copy of the oral decision (see HALLEX HA 01280.019 B.3. below).

Unless an exception below applies, ALJs may issue fully favorable oral decisions in the following cases:

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  An initial adult disability claim under title II, title XVI, or both titles;

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  A claim for disability benefits as a disabled widow, widower, or surviving divorced spouse under title II; or

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  A claim for benefits by a child under age 18 under title XVI.

ALJs may not issue oral decisions in:

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  Disabled adult child claims under title II;

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  “Age-18 redetermination” claims under title XVI;

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  Continuing disability reviews;

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  Claims involving a closed period of disability;

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  Claims involving drug addiction or alcoholism issues;

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  Claims where there is reason to believe that fraud or similar fault was involved in providing the evidence; and

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  Non-disability claims.

When an ALJ believes an oral decision may be appropriate, the ALJ will generate an oral decision checksheet from the Document Generation System. As needed, the ALJ may choose to complete certain portions of or the entire checksheet prior to the hearing.

After a hearing in which the ALJ issued an oral decision, the ALJ will usually issue a written notice of the oral decision that incorporates by reference the findings of fact and the reasons stated orally at the hearing.

However, an ALJ cannot use the incorporation-by-reference procedure if he or she determines after the hearing that any of the findings of fact or reasons for the decision entered into the record at the hearing have changed. In that situation, the ALJ will:

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  Proffer the changes and the supporting exhibits of record to the claimant and appointed representative, if any, if the contemplated changes make the written decision less favorable than announced during the hearing (see HALLEX HA 01270.030 for proffer procedures); and

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  Issue a written decision that sets forth the findings of fact and the reasons for the decision, including any changes in the findings and reasons stated at the hearing.

If a claimant or appointed representative requests a copy of the ALJ's oral decision, the hearing office will provide a compact disc of the digital recording, or, when technology permits and it is consistent with SSA disclosure rules, an electronically propagated digital recording.