Generally, an administrative law judge (ALJ) may decline to consider or obtain evidence that a claimant did not inform the Social Security Administration (SSA) about or submit at least five business days before the date of the scheduled hearing, unless the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01260.058 and HA 01260.059). For the definition of business day, see HALLEX HA 01250.001 NOTE 3.

When a claimant or appointed representative misses the five-day deadline and requests additional time to submit evidence after the hearing, the ALJ generally will evaluate whether the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply using the procedures in HALLEX HA 01260.059.

If the ALJ grants a claimant's or representative's request for additional time to submit evidence after the hearing, the ALJ will:

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  Set a time limit for submitting the evidence; and

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  Inform the claimant and appointed representative (if any) that if the ALJ does not receive the evidence within the set time limit, the ALJ will issue a decision without considering the evidence (absent a showing that the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply).

Hearing office (HO) staff will diary the case for the time limit set by the ALJ.

The ALJ will issue a decision without the additional evidence when:

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  The ALJ notified the claimant and appointed representative (if any), of the deadline for submitting the evidence as set forth in HALLEX HA 01270.020 A above; and

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  The claimant or appointed representative (if any) does not submit the evidence or show that the circumstances in 20 CFR 404.935(b) or 416.1435(b) apply (see HALLEX HA 01260.058 and HA 01260.059).

When these criteria are met, it is not necessary for the ALJ or designated HO staff to recontact the claimant or appointed representative (if any) before the ALJ issues the decision.

If the ALJ does not receive the evidence by the set time limit, but the claimant requires additional time because the circumstances in 20 CFR 404.935(b) or 416.1435(b) apply, the ALJ will:

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  Set another time limit by which the evidence must be received;

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  Inform the claimant and appointed representative (if any) of the revised time limit;

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  Remind the claimant and appointed representative (if any) that if the material is not received by that time, he or she will issue a decision without considering the evidence;

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  Tell the claimant and appointed representative (if any) that he or she will not grant any additional extensions unless the circumstances in 20 CFR 404.935(b) or 416.1435(b) apply; and

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  Document the revised time limit in the record.

The ALJ will use the same instructions above when a claimant or appointed representative (if any) submits subsequent requests for extensions to the time limit.