The Appeals Council Announces New Rules on Return of Evidence

May 11, 2016

The AC now has discretion over whether to return evidence submitted in connection with appeals filed after an unsuccessful hearing decision.  In the past, the AC has typically returned the evidence once it was copied for the appeal file.  Now, the AC will consider who submitted the evidence, by what means, whether the claimant is represented and whether the claimant otherwise has access to the information.  For instance, evidence submitted electronically will likely not be returned as it is likely the claimant has access to a copy of it.

Some evidence will still be returned, for example, an originally or certified copy of marriage or birth.

The sub-regulatory guidance is found at HALLES I-3-5-20.

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: