The 5 Day Rule – Evidence Submission Rules In Social Security Disability Hearings
Even though Social Security Disability hearings are administrative hearings and the normal rules of evidence do not apply, there are still rules and regulations that the SSA has issued which must be followed. After May 1, 2017, the SSA issued a regulation, 20 C.F.R. § 405.331, which states that you should submit any written evidence to the ALJ no later than 5 business days before the date of the scheduled 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.
Those circumstances include: the actions of the SSA misled you, you had physical or mental limitations that prevented you from submitting the evidence earlier, some other unusual or unexpected circumstance beyond your control prevented you from submitting the evidence. If one of these circumstances exist, then the ALJ has the option to accept the evidence if there is a reasonable possibility that the evidence, alone or when considered with other evidence of record, would affect the outcome of your claim.
In order to avoid problems with submitting evidence, please understand that there is a firm and fast deadline for you to submit all medical evidence and other 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 submitted to the judge at least ONE WEEK prior to your scheduled hearing date. 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.