The AC will not consider or exhibit evidence if the AC finds
that:
•
The additional evidence is not new;
•
The additional evidence is not material;
•
The additional evidence does not relate to the date
on or before the ALJ decision; or
•
The additional evidence does not show a reasonable
probability that it would change the outcome of the decision.
The AC will explain the reason(s) it did not exhibit the evidence
in the decision, See D.1. below. For additional instructions about
when the AC will consider evidence, see HALLEX HA 01330.006.
In addition, if the decision is unfavorable to the claimant
or establishes a closed period of disability the AC will follow
the instructions in D.2. below, as applicable, to offer the claimant
a protective filing date.
1. Explaining the Reason(s)
for Not Exhibiting Evidence
When the AC does not exhibit evidence, the AC will identify
the evidence and briefly explain why the AC did not consider and
exhibit the evidence, as applicable:
•
This evidence is not
new because it is a copy of Exhibit(s) [Number].
•
This evidence is not material because it is not
relevant to a claim for disability.
•
This additional evidence does not relate to the
period at issue.
•
This additional evidence does not show a reasonable
probability that it would change the outcome of the decision.
•
The claimant did not have good cause for why he
or she missed informing the Social Security Administration about
or submitting this evidence earlier.
2. Offering a Protective
Filing Date
The AC will offer a protective filing date to the claimant
when the AC issues an unfavorable or closed period decision and
the claimant:
•
Submitted additional
evidence but did not show that he or she met one of the good cause
exceptions set forth in 20
CFR 404.970(b) and 416.1470(b);
or
•
Submitted additional evidence that does not relate
to the period on or before the date of the ALJ's decision.
When the requirements for offering a protective filing date
are met, the AC will:
•
Use the date of the
request for review as a protective filing date;
•
Include language specifically identifying the additional
evidence (by source, date range, and number of pages);
•
Include language explaining that the agency will
use the date of the request for review as a protective filing date
if the claimant files a new application within 6 months of the date
of the AC decision notice in a title II claim or 60 days of the
date of the AC decision notice in a title XVI claim; and
•
Not address the additional evidence in the decision's
analysis section.
When the claim is for title II benefits
only, and the claimant's insured status has expired, the AC will
provide protective filing for a new title II claim if the date last
insured was within two years of the AC decision. This is necessary
to account for any lag earnings. See Program Operations Manual RS 01404.005.