Last Update: 9/08/05 (Transmittal I-3-36)
In deciding whether to review a case, the Appeals Council will consider any new and material evidence received. When a claimant or representative submits additional evidence, it must be both new and material to warrant the Appeals Council's consideration. Evidence is new when it is not duplicative, cumulative or repetitive. It is material when it affects the ALJ's findings or conclusions and relates to the time period specified in section B. below. Black's Law Dictionary defines material evidence as “such as is relevant and goes to the substantial matters in dispute, or has a legitimate and effective influence or bearing on the decision of the case.” When new and material evidence has been submitted with a request for review, the analyst will apply the weight of the evidence rule instead of the substantial evidence rule in deciding whether to recommend review action to the Appeals Council.
The Appeals Council will consider the additional evidence only if it relates to the period on or before the date of the ALJ's decision.
The “closed record” regulations at 20 CFR 404.976(b) and 416.1476(b) apply to:
Title II claims based on an application filed after June 30, 1980.
Title XVI claims based on an application filed after April 30, 1986.
Title II claims not based on an application (e.g., cessation or termination cases), effective with requests for review filed on or after February 9, 1987.
The closed record regulations do not apply to Title XVI claims not based on an application (e.g., cessation or termination cases).
NOTE:
For Title II claims, when the date last insured (disability insurance benefits), the last day of the prescribed period (widow's insurance benefits based on disability), or the date the claimant attained age 22 (child's insurance benefits based on disability) predates the date of the hearing decision, evidence which pertains to the period after the earlier date is not material to the case.