20 C.F.R. § 404.949
Presenting written statements and oral arguments
You or a person you designate to act as your representative may appear before the administrative law judge to state your case, present a written summary of your case, or enter written statements about the facts and law material to your case in the record. If presenting written statements prior to hearing, you must provide a copy of your written statements for each party no later than 5 business days before the date set for the hearing, unless you show that your circumstances meet the conditions described in § 404.935(b).
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1965–2022 · leading case: Lisa Probst v. Andrew Saul, 980 F.3d 1015 (4th Cir. 2020).
Lisa Probst v. Andrew Saul, 980 F.3d 1015 (4th Cir. 2020). “See 20 C.F.R. § 404.949 . This “failure to notify claimants of an issue exhaustion requirement” is “sufficient” to preclude enforcement of such a requirement.”
Maxine B. Schmoll v. Patricia R. Harris, 636 F.2d 1146 (7th Cir. 1980). “20 C.F.R. § 404.949 (a). That evidence was received and made a part of the record by order of the Council on December 6, 1978.”
Edith G. Myers v. Joseph A. Califano, Jr., 611 F.2d 980 (4th Cir. 1980). “The chiropractor’s report paralleled his prior reports and needed no further scrutiny.”
Edward E. Haley v. Anthony J. Celebrezze, 351 F.2d 516 (10th Cir. 1965). “20 C.F.R. 404.949 permits the Secretary to consider documents not presented to the trial examiner.”
Pedroza v. Sec'y of Health, 382 F. Supp. 916 (D.P.R. 1974). “Thereafter, the Appeals Council of the Social Security Administration, on its own motion, reviewed the action of the hearing examiner, Title 42, C.”
Palmer v. Weinberger, 396 F. Supp. 654 (W.D.N.Y. 1975). “” 20 C.F.R. 404.949. The Appeals Council does not have power commensurate with that of the administrative law judge to consider new issues.”
Vicky Harris v. Comm'r of Soc. Sec., 972 F.3d 1307 (6th Cir. 2020). “See 20 C.F.R. § 404.949 ; Cirko, 948 F.3d at 156 .”
Shea v. Soc. Sec. Admin. Comm'r, No. 1:18-cv-00289 (D. Me. Aug. 14, 2019). “I also do not address the treatment of written statements and the provisions of 20 C.F.R. §§ 404.949 , 416.1449 specifying that the five-day requirement applies to pre-hearing written statements but not post-hearing written statements.”
Lamore v. Soc. Sec. Admin. Comm'r, No. 2:20-cv-00439 (D. Me. Jan. 17, 2022). “3 (“The rebuttal affidavit in dispute here is evidence; it is not a written statement as the regulations [ 20 C.F.R. §§ 404.949 , 416.1449] use that term.”
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