An analyst must appropriately handle additional evidence and
contentions when making a recommendation to an adjudicator. The
analyst will follow the procedures in HALLEX HA 01330.006 and HA 01350.020 when processing any additional
evidence. Additionally, the analyst will provide a detailed analysis
in the Appeals Review Processing System (ARPS) of any specific arguments
or contentions. The ARPS analysis should be sufficient to explain
to the adjudicator why the administrative law judge (ALJ) hearing
decision is supported by substantial evidence.
The analyst need not address contentions
that are merely general statements, such as "I am disabled" or "The
decision is wrong."
Denial notices must:
•
Acknowledge receipt
of and exhibit legal arguments or contentions submitted in connection
with the request for review;
•
State that the AC considered the arguments presented;
and
•
Conclude that the information does not provide a
basis for changing the ALJ's decision.
Regardless of whether the folder is paper or electronic, the
analyst will include a request for review (e.g., form HA-520, Request
for Review of Hearing Decision/Order) in Part B – Jurisdictional
Documents/Notices of the claim(s) file, and legal arguments or contentions
in Part E – Disability Related Development of the claim(s)
file.
The analyst will exhibit legal
arguments or contentions. An exhibit list and accompanying order
must be prepared for documents that the AC exhibits.
Paper files are exhibited in the
same manner as electronic files. For example, if the AC adds an
exhibit in the E section of a paper file that has existing exhibits
1E-7E, the new exhibit will be numbered 8E.