Last Update: 9/2/05 (Transmittal I-2-63)
If you believe that the law and evidence in your case support a fully favorable decision, you may submit proposed language for the decision to the Administrative Law Judge (ALJ) before or during the hearing. If the ALJ decides to issue a fully favorable decision, he or she may use the language you propose. You are not required to supply language, and the ALJ is not required to use any you supply. If you submit proposed language after the hearing, the ALJ will consider using it only if he or she has not yet issued the decision.
Proposed language should be in the form of narrative rationale, a numbered list of findings, and a summary of the decision.
The narrative rationale must identify and discuss the evidence which supports the conclusion that you (or the claimant) are disabled, any significant conflicts on a material issue, and the step(s) of the sequential evaluation process at which disability is established. You do not need to address here the other step(s) of the sequential evaluation (they are addressed in the findings) or refer to the statute, regulations or case law.
The numbered list of findings must cover all material issues of fact and law, including each step of the sequential evaluation process through the step at which disability is established. The hearing office will provide you sample findings if requested.
The summary of the decision must state the filing date(s) of your (or the claimant's) application(s) and the ultimate conclusion, including the date of disability onset. We show an example below.
DECISION
It is the decision of the Administrative Law Judge that, based on the application filed on__________________, the claimant is entitled to a period of disability commencing on __________________, and to disability insurance benefits under sections 216(i) and 223, respectively, of the Social Security Act.
It is further the decision of the Administrative Law Judge that, as of the date of the application for supplemental security income filed on __________________, the claimant was “disabled” as defined in section 1614(a)(3)(A) of the Social Security Act, and that the claimant's disability has continued at least through the date of this decision.
When an Administrative Law Judges issues an oral bench decision under 20 CFR 404.953 or 416.1453, he or she is required to prepare a checklist that will be made an exhibit to the claims file. A claimant or representative may submit a proposed checklist to the administrative law judge for consideration. Claimants or representatives are referred to I-5-1-17, Requirements for Oral Bench Decision for the format of the checklist and other procedures governing the use or non-use of the checklist completed by the administrative law judge or submitted by the claimant or representative.