Last Update: 5/1/2017 (Transmittal I-2-199)

HA 01260.076 Arguments by the Claimant or Appointed Representative

Renumbered from HALLEX section I-2-6-76

Under 20 CFR 404.949 and 416.1449, the administrative law judge (ALJ) will allow a claimant or appointed representative, if any, to appear before the ALJ to state the claimant's case, present a written summary of the case, or enter in the record written statements about the facts and law material to the case. If a claimant or appointed representative intends to submit a written statement before the hearing, he or she must provide a copy of the written statement to each party no later than five business days before the date of the scheduled hearing, unless the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply. For the definition of business days, see HALLEX HA 01250.001 NOTE 3. The ALJ will apply the instructions in HALLEX HA 01260.059 to determine whether the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply.

During a hearing, an ALJ will provide the claimant and appointed representative, if any, reasonable time to present oral argument. Absent special circumstances, the ALJ will not fix a time limit on oral argument prior to the presentation of arguments. The ALJ will ensure all oral arguments are recorded and made a part of the record.

After all hearing testimony has been presented, the ALJ will:

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  Offer the claimant and appointed representative, if any, the opportunity to make a final oral argument at the hearing; and

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  If necessary, address assertions made during final oral argument by the claimant or appointed representative, if any, if the argument varies sharply with the evidence of record or if the argument raises new and relevant issues.