FIVE-DAY RULE FOR SUBMITTING EVIDENCE AT HEARINGS

HALLEX: I-2-6-58. Admitting Evidence Submitted At Least Five Business Days Before the Hearing

If a claimant or appointed representative informs the agency about or submits evidence less than five business days before the date of the scheduled hearing, at, or after the hearing, the ALJ may decline to consider that evidence the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply.

If a claimant or appointed representative informs an ALJ about evidence at least five business days before the date of the scheduled hearing, but does not submit the evidence at least five business days before the date of the scheduled hearing, the ALJ will follow the procedures in HALLEX I-2-5-13 and will consider the evidence regardless of whether the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply. The ALJ will admit the evidence into the record if it is material to the issues in the case. See HALLEX I-2-5-13.

These rules require claimant’s and their representative to either provide written evidence at least 5 business days before a scheduled hearing, or notify the ALJ at least 5 business days before the scheduled hearing the existence of any outstanding evidence which has not been submitted.

Therefore, it is extremely important to notify your representative about any new evidence as soon as possible since it can sometimes take several weeks to obtain and submit evidence to the ALJ.

If you need assistance with filing evidence with the judge (ALJ), please call us. We are here to help. For a free case review call 407-738-3718 or click on the link below.

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