Detailed information about the definition of proffer, when an administrative law judge (ALJ) must proffer evidence, and when an ALJ will offer a supplemental hearing based on proffered evidence is set forth in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01270.001. For prehearing proffer procedures, see HALLEX HA 01250.029.

Unless the ALJ issued a fully favorable decision (see HALLEX HA 01270.001 B) or the claimant waived the right to examine posthearing evidence and the opportunity to request a supplemental hearing (see HALLEX HA 01270.015), the AC will grant review and take appropriate corrective action if an ALJ did not proffer:

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  A consultative examination report received after the hearing;

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  Responses to interrogatories sent to a medical or vocational expert (even if the responses were obtained prehearing, see HALLEX HA 01250.029 B); or

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  Other opinion evidence received after the hearing, unless the evidence is submitted by the claimant or the appointed representative and there is no other party to the hearing (see HALLEX HA 01270.001 B).

When an ALJ admitted evidence other than the types specifically listed above into the record but did not proffer that evidence, the AC will consider the facts of the case and the evidence at issue in determining whether to take corrective action.

There are limited circumstances in which an ALJ does not need to offer a supplemental hearing in conjunction with proffering posthearing evidence. See HALLEX HA 01270.001. Generally, when these limited circumstances are clearly present in the record, the ALJ is not required to articulate in the decision the reasons for declining to offer a supplemental hearing. However, if the ALJ did not offer a supplemental hearing and there is a legitimate concern about whether a supplemental hearing was necessary to protect a claimant's due process rights, the AC may decide to grant review.

Additionally, the ALJ must grant a claimant's request for a supplemental hearing if the ALJ offered a supplemental hearing when proffering the evidence, even if the ALJ offered the supplemental hearing in error. See HALLEX HA 01270.001 C. However, if a claimant requests a supplemental hearing when the ALJ did not offer one and the ALJ was not required to offer one, the ALJ has discretion on whether to grant the claimant's request. See HALLEX HA 01270.001.