Last Update: 9/2/05 (Transmittal I-2-62)
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.
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.
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 the claimant and the representative that if the material is not received by that time, a decision will be issued without it.
NOTE:
To access the letter to send when additional material is not timely received, access the Document Generation System (DGS), click on the “Correspondence” icon, click on “Posthearing” and then click on “5E - Time to Submit Additional Evidence”. The letter should be modified as needed to reflect that the letter is being addressed to the representative or to the claimant when the claimant is not represented.
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.
NOTE:
In each of the above instances, the ALJ should address in his/her decision the fact that an extension was granted, good cause was or was not found, and that the evidence despite such extensions was not received. This will document for the courts the efforts undertaken by the ALJ to fairly and fully develop the record.
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:
Mark the evidence as an exhibit using the next exhibit number.
Add the exhibit to the List of Exhibits under the heading “RECEIVED SUBSEQUENT TO THE HEARING” (See I-2-6-30, Additional Evidence Received At or After the Hearing.)
Place the exhibit in the claim file.
If there is more than one claimant to the hearing, proffer the evidence to the other claimant(s) (See I-2-7-30, Proffer Procedures) unless the other claimant has executed a waiver. (See I-2-7-15 - Waiver of the Right to Examine Posthearing Evidence - and I-2-6-1, Hearings-General.)