Last Update: 9/28/05 (Transmittal I-2-67)
Citations:
20 CFR §§ 404.935, 404.941, 404.961, 404.1520a(d)(1)(iii), 416.1435, 416.1441, 416.1461, and 416.920a(d)(1)(iii).
The Administrative Law Judge (ALJ) or a hearing office (HO) staff person designated by management must review each case before the hearing to determine whether additional evidence is needed for a full and fair inquiry into the matters at issue. If additional evidence is needed, the ALJ or designee should initiate development before the hearing is scheduled. The ALJ should make every effort to obtain all documentary evidence before the hearing, and to receive the testimony of all pertinent witnesses at the hearing.
“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 a hearing decision. (See I-2-1-45, Parties to the Hearing.)