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HALLEX I-2-701

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-701 POSTHEARING ACTIONS -- GENERAL (REVISED 04/94)

Most posthearing actions involve the development and receipt of additional evidence.

When an Administrative Law Judge (ALJ) receives additional evidence after the hearing from a source other than the claimant or the claimant's representative, and proposes to admit the evidence into the record, the ALJ must proffer the evidence, i.e., give the claimant and representative the opportunity to examine the evidence and comment on, object to, or refute the evidence by submitting other evidence, requesting a supplemental hearing, or if required for a full and true disclosure of the facts, cross-examining the author(s) of the evidence. (See > I-2-730, Proffer Procedures.)

"Claimant," as used herein, refers to the party to the initial, reconsidered, or revised determination who has requested a hearing before an ALJ, and any other party to the determination, or person whose rights may be adversely affected by the hearing decision. (See > I-2-145, Parties to the Hearing.)


HALLEX I-2-710

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-710 POSTHEARING DEVELOPMENT (REVISED 04/94)

The ALJ is responsible for directing all posthearing case development actions.

The hearing office (HO) staff will follow the same development procedures both before and after the hearing. (See > I-2-500ff, Obtaining Evidence.)



HALLEX I-2-715

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-715 WAIVER OF THE RIGHT TO EXAMINE POSTHEARING EVIDENCE (REVISED 04/94)

If the ALJ decides at or after the hearing that additional evidence is needed for a full and fair inquiry into the matters at issue, the ALJ will direct the HO staff to undertake the necessary development and inform the claimant of the evidence that is being developed. The ALJ will also inform the claimant that he or she will be given an opportunity to examine and comment on, object to, or refute the evidence by submitting other evidence, requesting a supplemental hearing, or if required for a full and true disclosure of the facts, cross-examining the author(s) of the evidence.

A claimant may waive the right to examine additional evidence. However, the ALJ must neither encourage nor discourage waiver. If a claimant decides to waive such right, the waiver must be made either on the record at the hearing or in writing.

If a claimant has waived the right to examine additional evidence, the ALJ may enter it into the record without proffering it. However, if the ALJ believes the claimant should examine it, the ALJ should proffer it notwithstanding the waiver. (See > I-2-735, Entering Posthearing Evidence.)



HALLEX I-2-720

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-720 POSTHEARING EVIDENCE PROPOSED BY THE CLAIMANT (REVISED 04/94)

A. Claimant Requests Additional Time to Submit Evidence or Arguments after the Hearing

When a claimant or representative requests time to submit evidence or written arguments after the hearing, the ALJ must set a time limit for the posthearing actions to be completed and inform them that if the material is not received within the time limit, absent a showing of good cause to extend the time, the ALJ will issue a decision without the material. The HO staff should diary the case for the time set by the ALJ.

1. If the material or a showing of good cause is not received by that time, the ALJ will issue a decision without the material. Further contact with the claimant or representative is not necessary.

2. If the material is not received by that time, but good cause is shown, set another time limit by which the evidence or arguments must be received and inform the claimant and the representative of the revised time. Also, remind them that if the material is not received by that time, a decision will be issued without it. (See > I-2-790, Sample 1, Letter When Additional Material Is Not Received Timely.)

If the material is still not received and the claimant has not shown good cause for not submitting the material, the ALJ will issue a decision without the material. Further contact with the claimant or representative is not necessary. The ALJ will not grant any additional extensions unless there is good cause.

B. Actions After Receiving Evidence from Claimant -- No Other Claimant

When a claimant or representative submits posthearing evidence and there is no other claimant, the ALJ, or the HO staff under the ALJ's direction, will:

1. mark the evidence as an exhibit using the next exhibit number;

2. add the exhibit to the List of Exhibits under the heading "RECEIVED SUBSEQUENT TO THE HEARING" (See > I-2-630, Additional Evidence Received At or After the Hearing.);

3. place the exhibit in the claim file;

4. reopen the record by adding to the hearing cassette a statement admitting the evidence into the record as an exhibit. The following or a similar statement may be used:

The record is hereby reopened on (date) to receive into evidence (identify the evidence) . This evidence was submitted by (name) , and it is being received into evidence as Exhibit No. _______. There being nothing further, the record is closed.

5. annotate the hearing log on the cassette tape envelope. (See > I-2-642, Preparing Hearing Cassettes, Cassette Storage Envelopes and Hearing Logs.)

C. Actions After Receiving Evidence from Claimant -- Multiple Claimants to the Hearing

If there is more than one claimant to the hearing, proffer the evidence to the other claimant(s). (See > I-2-730, Proffer Procedures.)



HALLEX I-2-730

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-730 PROFFER PROCEDURES

A. When Proffer Is Required

The Administrative Law Judge (ALJ) must proffer all posthearing evidence unless:

1. the evidence was submitted by the claimant or the claimant's representative and there is no other claimant to the hearing; or

2. the claimant has knowingly waived his or her right to examine the evidence (See > I-2-715, Waiver of the Right to Examine Posthearing Evidence.); or

3. the ALJ proposes to issue a fully favorable decision.

B. The Proffer Letter

The proffer letter must:

1. give the claimant a time limit to object to, comment on, or refute the evidence, or exercise his or her rights with respect to requesting a supplemental hearing and the opportunity to cross-examine the author(s) of any posthearing report(s); and

2. if the ALJ is proposing to enter medical reports into the record as exhibits, also inform the claimant of the right to:

a. submit the new evidence to a treating source(s); and

b. submit any comments from the treating source(s) to the ALJ for inclusion in the record.

C. Represented Claimant

If a claimant is represented, prepare a proffer letter to the representative, and make two copies. (See > I-2-790, Sample 2, Letter to Representative Enclosing Copy of New Evidence.). Distribute it as follows:

1. Send the original proffer letter and a copy of the new evidence to the representative.

2. Send a copy of the proffer letter to the claimant.

3. Enter into the record a copy of the proffer letter, a copy of the new evidence, and any comments received from the claimant and representative regarding the new evidence.

D. Unrepresented Claimant

If a claimant is unrepresented, prepare a proffer letter to the claimant, and make one copy. (See > I-2-790, Sample 3, Letter to Unrepresented Claimant Enclosing Copy of New Evidence.) Distribute it as follows:

1. Send the original proffer letter and a copy of the new evidence to the claimant.

2. Enter into the record a copy of the proffer letter, a copy of the new evidence, and any comments received from the claimant regarding the new evidence.

E. Claimant Requests Additional Time to Submit Comments

If a claimant requests additional time to submit comments, the ALJ should consider the request under the procedures in > I-2-720 A., Claimant Requests Additional Time to Submit Evidence or Arguments after the Hearing.

F. Evidence Contains Information Which May Be Detrimental to the Claimant's Health

If the evidence contains information which may be detrimental to the claimant's health; e.g., information about the claimant's medical condition which the claimant does not know, use the special proffer procedures outlined below:

1. If the claimant is represented:

a. Send a copy of the evidence to the representative, along with the proffer letter which advises against showing the evidence to the claimant. (See > I-2-790, Sample 2, Letter to Representative Enclosing Copy of New Evidence.)

NOTE: Do not send the claimant a copy of this evidence or a copy of the proffer letter to the representative which advises the representative to not show the evidence to the claimant.

b. Recommend to the representative that he or she discuss this evidence with the claimant only in general terms.

c. The ALJ should modify the proffer letter to include the following or similar language:

The enclosed report contains language which may be detrimental to the claimant's health; therefore, I suggest that you refrain from showing it to the claimant and that you use general terms to discuss the report.

2. If the claimant is unrepresented, the ALJ may give the claimant the opportunity to examine the evidence in the hearing office (HO) or, if more convenient to the claimant, in the claimant's servicing field office (FO). Although the claimant has a right to examine such evidence, the HO or FO staff involved with presentation of the evidence to the claimant will usually ensure that a relative or friend accompanies the claimant when the evidence may be especially detrimental to the claimant's health.

G. Proffer Through the FO

If the ALJ decides to proffer evidence to an unrepresented claimant through the FO, the ALJ will:

1. Send a letter to the claimant advising him or her of the procedure. (See > I-2-790, Sample 4, Letter Advising Claimant of Proffer Through the Field Office.) The letter must also advise the claimant of the following:

a. The right to:

- examine and comment on the evidence,

- submit additional evidence to refute the new evidence,

- ask the ALJ to send the evidence to the claimant's treating physician for comments,

- request a supplemental hearing, and

- request the opportunity to orally question the author of any posthearing report.

b. The FO will not be able to discuss the material because the case is before the ALJ.

c. The FO will not be able to provide the claimant with a copy of the evidence.

d. The FO will inform the claimant when the evidence is in the FO, and will allow the claimant 10 days to examine it.


NOTE: If a claimant asks the FO for a copy of evidence reviewed there, the FO will inform the claimant that they cannot provide a copy, but will refer the request to the HO when they return the evidence to the HO. The reason for this is to avoid shifting the HO's photocopying responsibilities to the FO, and photocopying by the FO would defeat the purpose of proffer through the FO. If there is any indication that photocopying will be necessary, the HO should not proffer through the FO.

2. Prepare a list of the additional evidence. (See > I-2-790, Sample 5, List of Additional Evidence.):

a. Enclose the original with the letter to the claimant.

b. Enclose a copy with the memorandum which transmits the posthearing evidence to the FO.

3. Prepare an original and two copies of a cover memorandum asking the FO to assist in arranging for the claimant to examine the additional evidence at the FO. (See > I-2-790, Sample 6, Memorandum to Field Office with Copy of Posthearing Evidence.)

Advise the FO to inform the claimant by letter that the evidence will be available at that office for 10 days from the date of the FO's letter.

4. Enclose the following documents with the ALJ's cover memorandum to the FO:

a. A copy of the letter the ALJ has sent to the claimant.

b. A list of additional evidence. (See > I-2-790, Sample 5, List of Additional Evidence.)

c. A copy of the evidence being proffered.

d. An attachment to document that the claimant has reviewed the evidence. (See > I-2-790, Sample 7, Examination of Evidence.) This attachment should contain the following:

- An entry for the claimant to complete which acknowledges examination of the new evidence.

- If the evidence is a report of a medical examination, an entry which indicates whether or not the claimant wishes the ALJ to send a copy of the evidence to a treating physician, and if so, the name and address of the physician.

- Space for the claimant's comments, if any, and space to indicate whether any additional evidence will be submitted.

- A signature and date line for the FO employee to complete if the party does not respond to the FO letter within 10 days.

H. Claimant Requests ALJ to Send Medical Report to Treating Source(s)

If the claimant requests the ALJ to send a copy of a medical exhibit to a treating source(s), the ALJ should send the evidence to the source(s) with a cover letter advising the source that he or she has 10 days to make written comments on the report. A copy of the letter should be sent to the claimant. (See > I-2-790 Sample 8, Ltr. to Treating Source Enclosing Copy of Medical Exh.)

I. Action on Receipt of Comments on Proffer

The ALJ must address proffer comments in the rationale of the written decision. The ALJ must make a formal ruling on any objections to proffered evidence, and make the ruling a part of the record. If the record must be kept open for the submission of additional evidence, the ALJ should set a time limit for the submission of the evidence.

If the claimant requests a supplemental hearing, the ALJ must grant the request, unless the ALJ receives additional documentary evidence that supports a fully favorable decision.

If the claimant requests an opportunity to question the author(s) of any posthearing report other than the written response of an ME or VE to interrogatories, the ALJ must determine if questioning of the author is required to inquire fully into the matters at issue and, if so, whether the questioning should be conducted through live testimony or written interrogatories (considering the difficulty of anticipating in written interrogatories all the questions that might arise and the claimant's opportunity for a supplemental hearing).

If the claimant asks to question an ME or VE who has responded to interrogatories, the ALJ should apply the provisions of, as appropriate, > I-2-544, Action When ALJ Receives Medical Expert's Responses to Interrogatories, or > I-2-558, Action When ALJ Receives Vocational Expert's Responses to Interrogatories.

If the ALJ requests the author to appear for questioning, and the author declines to appear voluntarily, the ALJ should apply the provisions of > I-2-578, Use of Subpoenas -- General, to determine if the claimant should be afforded use of the subpoena and consequent cross-examination. If a subpoena is issued, the procedures in > I-2-580, Preparation and Service of a Subpoena, and those in > I-2-582, Noncompliance with a Subpoena, apply.



HALLEX I-2-735

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-735 ENTERING POSTHEARING EVIDENCE

A. Making Document(s) an Exhibit

To enter a document into the record:

- Mark and number the document as the next exhibit;

- Add a description of the document and its exhibit number to the List of Exhibits (See > I-2-120, Preparation of Exhibit List and > I-2-630, Additional Evidence Received at or After the Hearing.); and

- Place the exhibit with the other exhibits in proper order.

B. Proffered Documents

In addition to making the proffered document(s) an exhibit, enter into the record all documents demonstrating compliance with proffer procedures; e.g., copies of proffer letters to the claimant and representative, the comments submitted by the claimant or representative or the Examination of Evidence form signed by the unrepresented claimant, letters sent to treating physicians with notations that copies were also sent to the claimant, etc.

If an ALJ enters posthearing evidence into the record without proffer, the ALJ must ensure that the claimant waived the right to examine the evidence and to appear at a supplemental hearing. The waiver may have been made on-the-record at the hearing or by a signed written statement. Regardless of the form of the waiver, the ALJ must ensure on-the-record that the claimant (especially a pro se claimant) is fully informed of and understands the effects of the waiver. If the waiver was by a signed written statement, the ALJ must enter the statement into the record as an exhibit.

C. Reopening the Oral Record

When an ALJ decides to enter posthearing documents into the record, the ALJ or designee will reopen the oral record (i.e., the cassette recording of the hearing proceedings) and make a statement which:

1. identifies the exhibit number;

2. describes the exhibit; and

3. gives the dates on which the exhibit is admitted.

D. Sample Reopening Statements

When reopening the record to admit additional evidence, the following or a similar statement may be used:

The record is hereby reopened on (date) to receive into evidence as Exhibit No. ____, (describe the evidence, including the proffer letter when appropriate).

The following are samples of additional language which may be used for certain situations. They are not meant to cover every situation, but are provided as a general guide.

1. When the document was submitted by the claimant:

The document was submitted by (name) . There being nothing further, the record is closed.

2. If the claimant or representative waived the right to review the evidence:

The (claimant) (representative) , (at the hearing) (in writing) , waived the right to review this evidence before its admission into the record.

3. If the claimant does not respond to proffer of evidence:

The evidence was forwarded to (claimant) (representative) , for review and comment. No comments were received within the 10-day limit set by the ALJ.

4. If the claimant or representative submits comments on proffered evidence:

The evidence was forwarded to (claimant) (representative) for review and comment. The evidence and the comments are being admitted into the record as Exhibits ____ and ___, respectively.

5. If the evidence was proffered through an FO:

a. The claimant was provided an opportunity to examine the evidence at a Social Security office and provide comments. No comments were received.

b. The claimant was provided an opportunity to examine the evidence at a Social Security office. Comments were received. The evidence and the claimant's comments are being admitted to the record as Exhibits _____ and ____, respectively.



HALLEX I-2-790

Office of Hearings and Appeals

Social Security Administration (S.S.A.)

Department of Health and Human Services

Volume I

Division 2: Administrative Law Judge Hearings

Subject: Posthearing Actions

Chapter: I-2-700

January 31, 1995

Current through March 1997

I-2-790 SAMPLES

SAMPLE 1

LETTER WHEN ADDITIONAL MATERIAL IS NOT RECEIVED TIMELY

Claimant's Name

Address

City, State ZIP

Dear______________________:

I am granting your request for an extension of the time within which to submit additional material. You must submit the material by (date) . If I do not receive the material by that date, I will issue a decision without it. I will not grant another extension unless you have good cause.

If you have decided not to submit the material, please advise this office immediately. This will avoid further delay in deciding your case.

Sincerely yours,

Administrative Law Judge

SAMPLE 2

LETTER TO REPRESENTATIVE ENCLOSING COPY OF NEW EVIDENCE

NOTICE REGARDING ADDITIONAL EVIDENCE

Representative's Name

Address

City, State ZIP

Dear_______________________:

This is in reference to ___________________'s claim for benefits under the Social Security Act. I have secured additional evidence that I propose to enter into the record of the case. I am enclosing that evidence for your review.

Actions You Have A Right To Take

You may submit any or all of the following: written comments concerning the enclosed evidence, a written statement as to the facts and law you believe apply to the case in light of that evidence, and any additional records you wish me to consider [including a report from the treating physician]. You may also submit written questions to be sent to the author(s) of the enclosed report(s).

You may also request a supplemental hearing at which the claimant would have the opportunity to appear, testify, and submit additional evidence and written or oral statements concerning the facts and law. In addition, you may request an opportunity to cross-examine witnesses, including the author(s) of the enclosed report(s). You may conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts.

If I grant a request for a supplemental hearing, you may request that I issue a subpoena to require the attendance of witnesses or the submission of records. You must submit a subpoena request, in writing, no later than 5 days before the date of the supplemental hearing. Any request that I issue a subpoena must provide the names of the witnesses or documents to be produced; the address or location of the witnesses or documents with sufficient detail to find them; a statement of the important facts that the witness or document is expected to prove; and the reason why these facts cannot be proven without issuing a subpoena. I will issue a subpoena if reasonably necessary for the full presentation of the case.

Actions I Will Take If I Do Not Hear From You

If I do not receive a response from you within 10 days of the date you receive this notice, I will assume that you do not wish to submit any written statements or records and that you do not wish to request a supplemental hearing or to cross-examine the author(s) of the enclosed report(s). I will then enter the enclosed evidence in the record and issue my decision.

Sincerely yours,

Administrative Law Judge

NOTE: If the evidence could be detrimental to the claimant's health, insert the following or similar language:

In view of certain language in the evidence which may be detrimental to your client's health, I suggest that you discuss the material with (him/her) only in general terms.

Do not send cc to the claimant.

SAMPLE 3 (Revised 03/92)

LETTER TO UNREPRESENTED CLAIMANT ENCLOSING COPY OF NEW EVIDENCE

NOTICE REGARDING ADDITIONAL EVIDENCE

Claimant's Name

Address

City, State ZIP

Dear____________________:

I have secured additional evidence which I propose to enter into the record in your case. I am enclosing that evidence for your review.

Actions You Have A Right To Take

You may submit any or all of the following: written comments concerning the enclosed evidence, a written statement as to the facts and law you believe apply to the case in light of that evidence, and any additional records you wish me to consider [including a report from your treating physician]. You may also submit written questions to be sent to the author(s) of the enclosed report(s).


You may also request a supplemental hearing at which you would have the opportunity to appear, testify, and submit additional evidence and written or oral statements concerning the facts and law. In addition, you may request an opportunity to orally question witnesses, including the author(s) of the enclosed report(s). You may conduct such oral questioning of witnesses as may be required for a full and true disclosure of the facts.

If I grant a request for a supplemental hearing, you may request that I issue a subpoena to require the attendance of witnesses or the submission of records. You must submit a subpoena request, in writing, no later than 5 days before the date of the supplemental hearing. Any request that I issue a subpoena must provide the names of the witnesses or documents to be produced; the address or location of the witnesses or documents with sufficient detail to find them; a statement of the important facts that the witness or document is expected to prove; and the reason why these facts cannot be proven without issuing a subpoena. I will issue a subpoena if reasonably necessary for the full presentation of the case.

Actions I Will Take If I Do Not Hear From You

If I do not receive a response from you within 10 days of the date you receive this notice, I will assume that you do not wish to submit any written statements or records and that you do not wish to request a supplemental hearing or to orally question the author(s) of the enclosed report(s). I will then enter the enclosed evidence in the record and issue my decision.

Sincerely yours,

Administrative Law Judge

NOTE: See > I-2-590, Samples 8 - 10, for sample letters to transmit interrogatories or revised interrogatories or to proffer the responses to the claimant or representative.

SAMPLE 4

LETTER ADVISING CLAIMANT OF PROFFER THROUGH THE FIELD OFFICE

Claimant's Name

Address

City, State ZIP

Dear__________________:

I have received additional evidence which I propose to include in the record of your case. (See enclosed LIST OF ADDITIONAL EVIDENCE.) I am sending this evidence to the Social Security office shown below. They will notify you when the evidence is available for your examination, and give you 10-days to come to the office to examine it. Because your case is now within my jurisdiction, personnel in the Social Security office will not be permitted to discuss the evidence with you or to provide you with copies of it.

You should make any comments you wish to make about the evidence in writing on the form provided at the Social Security office. If you have additional evidence or any statement to make as to the facts and law in your case, you may also submit them. If you want me to forward the evidence to your treating physician, please so indicate and provide the physician's name and address.

You may request a supplemental hearing with respect to this evidence and if required for a full and true disclosure of the facts in your case, you may request to orally question the author(s) of this (these) report(s).

The Social Security office will tell me if they do not hear from you within 10 days of the date of their notice. I will then assume that you do not wish to examine or comment on the evidence or request a supplemental hearing, and that you have no further documentation to submit. I will carefully consider your case and issue a decision on the evidence of record.

Sincerely yours,

Administrative Law Judge

SAMPLE 5

LIST OF ADDITIONAL EVIDENCE

1. Medical report from Robert T. Jones, M.D. dated July 5, 1988.

2. Professional qualifications of Robert T. Jones, M.D.

SAMPLE 6

MEMORANDUM TO FIELD OFFICE WITH COPY OF POSTHEARING EVIDENCE

MEMORANDUM TO : Social Security Office

( Address )

FROM : _____________________

Administrative Law Judge, OHA

( Address )

SUBJECT : ( Claimant )

( 000-00-0000 )

I have attached a copy of a letter notifying the claimant that I have received additional evidence which I propose to include in the record of the case.

Please inform the claimant that the additional evidence will be available for examination at your office for a period of 10 days from the date of your letter. Please send me a copy of your letter to the claimant.

Because the case is now within my jurisdiction, personnel in your office are not permitted to discuss this material with the claimant or provide the claimant with copies of the additional evidence. Any specific request from the claimant for copies of the evidence must be recorded on the enclosed "Examination of Evidence" form. I will take the necessary action to respond.


If the claimant examines the evidence, have him complete Item A of the attached "Examination of Evidence" form. The claimant should then sign and date the form in the appropriate spaces. If there is no response to your 10-day letter, please sign and date Item B.

Upon completion of your action, all material must be returned to this office in the attached envelope. This case is now pending at the hearing level. Your prompt attention to the request is appreciated.

Administrative Law Judge's Name

SAMPLE 7

EXAMINATION OF EVIDENCE

In the case of Claim for

______________________ ________________________

(Claimant) (Social Security Number)

_______________________ ________________________

(Wage Earner) (Social Security Number)

DESCRIPTION OF ADDITIONAL EVIDENCE

(List Additional Evidence Here)

A. Claimant to check appropriate statements:

___ I examined the above listed evidence and have no comments to make.

___ I examined the above listed evidence and my comments are as follows: (Use reverse side if necessary.)

___ I have no further evidence to submit.

___ I am submitting the following evidence:

___ I do not wish the evidence to be forwarded to my treating doctor.

____ I wish the evidence to be forwarded to my treating doctor for comments on it. The name and address of my treating doctor is:

___ I do not wish to request a supplemental hearing to discuss this evidence.

___ I wish to request a supplemental hearing to discuss this evidence.

____ I do not wish to question, either orally or in writing, the author(s) of this (these) report(s).

___ I wish to question, either orally or in writing, the author(s) of this (these) report(s).

_______________________ _______________

(Signature of Claimant) (Date)

B. The claimant did not respond to our 10-day letter.

__________________________ _____________

(Signature/Title of Social (Date)

Security Employee)

SAMPLE 8

LETTER TO TREATING SOURCE ENCLOSING COPY OF MEDICAL EVIDENCE

Treating Source's Name

Address

City, State ZIP

Dear_________________:

This is in reference to (name) 's claim for disability benefits. I have received evidence which I propose to include in the record of (his) (her) case. As requested by (name) , this evidence is enclosed for your review.

If you wish to comment on the evidence, you should do so in writing within 10 days of the date of this letter. If you wish an extension of time, please make your request as soon as possible within the 10-day period.

If I do not hear from you within 10 days of the date of this letter, I will assume that you do not have any comments to make.

Sincerely yours,

Administrative Law Judge


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