Prior to the hearing, hearing office (HO) staff will select, arrange in order, and mark proposed exhibits (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.015). HO staff will also prepare a list of all the proposed exhibits (“proposed exhibit list”) and associate a copy of the proposed exhibit list with the claim(s) file.

As explained in HALLEX HA 01210.035, the claimant and appointed representative, if any, have the right to examine the material that constitutes or will constitute the evidence of record. Adding a proposed exhibit list to the record before the hearing ensures that the claimant and representative know what information the administrative law judge (ALJ) intends to rely on during the hearing and when making a decision. Adding a proposed exhibit list to the record before the hearing also provides the claimant or representative with an opportunity to object to any proposed exhibits or to supplement the claim(s) file with any information that is missing before the ALJ holds the hearing.