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The 5 Day Rule – Evidence Submission Rules In Social Security Disability Hearings

5 DAY EVIDENCE SUBMISSION RULE

There is a new rule that requires all evidence be into the judge 5 days before a claimant’s hearing. Even though Social Security Disability hearings are administrative and the normal rules of evidence do not apply, there are still rules that everyone must follow.  After May 1, 2017, the SSA issued a regulation 20 C.F.R. § 405.331. The rule states you must submit any written evidence to the ALJ no later than 5 business days before your hearing.  If you do not comply with this requirement, the ALJ may decline to consider the evidence unless certain circumstances excuse your ability to comply with the rule.

This is an important new rule because it prevents delays in disability cases. It is also a good rule because at the time of the hearing, the judge will have everything there. You want your hearing to be fair. It can only be fair if the judge has all of the evidence to consider at the right time.

CIRCUMSTANCES THAT ALLOW WAIVER OF THE 5 DAY EVIDENCE SUBMISSION RULE

For example, those circumstances include the actions of the SSA misled you. Or, you had physical or mental limitations that made it so you could not submit the evidence earlier. Additionally, you could argue some other unexpected circumstance beyond your control kept you from submitting the evidence on time.  If one of these circumstances exist, then the ALJ has the option to accept the evidence . Especially, if  the evidence, alone or with other evidence, would affect the outcome of your claim.

ALL EVIDENCE IS DUE 5 BUSINESS DAYS IN ADVANCE OF HEARING

In order to avoid problems with submitting evidence, please know that there is a firm and fast deadline for you to submit all medical evidence. Likewise, the rule applies to all written evidence in your disability case.  All evidence is due 5 BUSINESS DAYS prior to the hearing.  To be safe, that means all of your evidence must be into the judge at least ONE WEEK prior to your hearing.  If you need help submitting evidence or preparing your case for hearing in front of a judge, Contact Cannon Disability Law. We will be happy to help you and answer your questions.

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