NEW EVIDENCE McClesky v. Astrue, 606 F3d. 351 (7th Cir. 2010) The 7th Circuit Court of Appeals recently addressed the Social Security Administrations practice of admitting new evidence after a hearing. In McClesky, the Claimant attempted to submit evidence in the form of reports to refute the testimony of a vocational expert. The Administration s counsel had argued that the post hearing evidence should not be admitted because it was untimely. The Court disagreed. The Court stated, it is proper for the Claimant to submit further evidence after the hearing, provided this is done promptly, as was done here. The regulations (20 CFR 404.944) and SSA s Best Practices for Claimants Representatives both imply that evidence may be submitted to the ALJ up until the date that the decision is issued. Consequently, the 7th Circuit reversed the Social Security Administration s decision to deny the Claimant s benefits and remanded the case for further proceedings to address the newly submitted evidence.
NOSSCR Social Security Forum Volume 32, No. 7 – July 2010