SSA has started to change procedures and notices to comply with the “5-day rule” regulations. Hearings held on or after May 1, 2017 must comply with the requirement that the ALJ receive or is informed about evidence at least 5 days prior to the hearing, with certain good cause exceptions. Prehearing memos and other written statements also have a five day deadline. Subpoenas must be requested at least 10 days prior to the hearing. Good cause exceptions apply to all of these deadlines.
SSA sent notices to all claimants who have hearings pending. Unfortunately, the notice was sent even to those with hearings scheduled prior to May 1, 2017, which is causing a great deal of confusion among claimants. Be assured that there has been no change to your hearing date already scheduled or the procedures regarding evidence submission.
Our office prides itself on submitting ALL evidence in a timely manner – so if you get this letter – and have questions – reach out to us – but it’s business as usual here. We will be happy to update your file, estimate when your hearing will be held, and answer any questions you may have.