Daniel A. Bernath
Attorney at Law
Member United States Supreme Court Bar. Member California Bar
13500 SW 99W #202
Tigard, Oregon 97223
(503) 639 6666
ussyorktown@comcast.netSaturday, November 3, 2007
Motion to Social Security Administrative Law Judge
Pursuant to HALLEX I-2-7-20(A,B) et seq
By this writing claimant, by and through her attorney requests time to submit written arguments and evidence after the hearing. (emphasis added)
Furthermore, these exhibits and written argument after the hearing, the ODAR staff “will mark the exhibit and place the exhibit in the claim file“ (emphasis added)
Other rights asserted at this hearing, “A claimant or representative is entitled to conduct such questioning as may be needed inquiry fully into the matters at issue. The ALJ should provide the claimant or representative broad latitude in questioning witnesses.”
ALJs have a duty to ensure that the administrative record is fully and fairly developed.
footnotes:
#
Upon making this request the ALJ “must set a time limit for the post hearing actions.” HALLEX I-2-7-20(A)#
HALLEX I-2-7-20(B)#
HALLEX I-2-6-60 (B)#
HALLEX I-2-6-56 (Note 2)I-1-0-1. Purpose of HALLEX
Last Update: 6/21/05
This Chapter describes HALLEX — the Hearings, Appeals and Litigation Law (LEX) manual. It also provides the format and guidance for those who prepare HALLEX material.
Through HALLEX, the Associate Commissioner of Hearings and Appeals conveys guiding principles, procedural guidance and information to the Office of Hearings and Appeals (OHA) staff.
HALLEX includes policy statements resulting from an Appeals Council en banc meeting under the authority of the Appeals Council Chair. It also defines procedures for carrying out policy and provides guidance for processing and adjudicating claims at the Hearing, Appeals Council and Civil Actions levels.