20 C.F.R. § 498.224
Harmless error
No error in either the admission or the exclusion of evidence, and no error or defect in any ruling or order or in any act done or omitted by the ALJ or by any of the parties is ground for vacating, modifying or otherwise disturbing an otherwise appropriate ruling or order or act, unless refusal to take such action appears to the ALJ or the DAB to be inconsistent with substantial justice. The ALJ and the DAB at every stage of the proceeding will disregard any error or defect in the proceeding that does not affect the substantial rights of the parties.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2019–2022 · leading case: Bowles v. Comm'r of Soc. Sec. (S.D. Fla. 2022).
Bowles v. Comm'r of Soc. Sec. (S.D. Fla. 2022). “” 20 C.F.R. § 498.224 . In reviewing orders pertaining to the denial of social security/disability benefits, the Eleventh Circuit has ruled that an ALJ’s error is harmless when the record demonstrates that there is no outstanding conflict and any remand would be a waste of…”
Bingaman v. Berryhill (W.D.N.C. 2019). “See 20 C.F.R. § 498.224 . The Fourth Circuit has generally found an ALJ’s error is harmless when he “conducted the proper analysis in a comprehensive fashion,” “cited substantial evidence to support his finding,” and would have unquestionably “reached the same result…”
Armington v. Comm'r of Soc. Sec. (N.D. Ohio 2021). “The Code of Federal Regulations explains that “[n]o error in either the admission or the exclusion of evidence… by the ALJ… is grounds for vacating, modifying or otherwise disturbing an otherwise appropriate ruling…” 20 C.F.R. § 498.224 (emphasis added). “Yet, even if supported…”
Stephenson v. Soc. Sec. Admin., Comm'r of (E.D. Tenn. 2021). “The regulations explain that “[n]o error in either the admission or the exclusion of evidence .”
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