Does the Disability Judge Review Your Medical Records Before the Hearing?

The disability judge, called an administrative law judge (ALJ), reviews your medical records and other evidence in your claim before a Social Security disability hearing to make sure there's enough information to address the issues needed to decide the claim. 

That doesn’t necessarily mean the judge reads every page of evidence in your file. It’s also possible that some records haven’t become part of your file yet.

This article explains what the judge reviews before the hearing, what the hearing exhibit list is, and what happens if evidence is missing or arrives late. 

What the Judge Reviews Before Your Hearing 

The Social Security Administration (SSA) requires the ALJ to do a prehearing review of the evidence in your file. During that review, the judge decides if more evidence is needed to decide the issues in the claim.

The judge may decide that they need updated medical records or other evidence before the hearing. They might also see conflicting evidence that needs to be addressed.

The judge's review only covers what's in your electronic claim file. This is different from the prehearing review SSA may do before your case reaches the judge.

What's on the Hearing Exhibit List (and What Isn't) 

Before the hearing, staff at SSA's Office of Hearings Operations (OHO) organize the evidence and prepare a list of documents the judge plans to use at your hearing. You or your representative, if you have one, can review the exhibit list to see if important documents are included. Not everything in your file will be on the exhibit list. 

After you review the exhibit list, you can object to a proposed document or ask that a specific document be included. You might notice that an important medical record, doctor’s opinion, or test result in your claim file is missing from the exhibit list. The judge considers your request or objection and decides which evidence is admitted into the hearing record. 

Key records from medical care that happened after your reconsideration decision may also be missing from your claim file. You can ask that new evidence be added to your file and the exhibit list. We explain how below.

At the beginning of the hearing, before testimony starts, the judge confirms that you had a chance to review the exhibit list and addresses objections before admitting the exhibits into the record.

The Five-Day Rule for Submitting New Evidence 

For a Social Security disability hearing, you must tell the hearing office about new evidence or submit it at least five business days before the hearing. If you have a representative, they usually request new medical records from your treating doctors and submit them to the hearing office. If you don’t have a representative, the hearing office will make reasonable efforts to get the records.

You’re notified of your ALJ hearing date at least 75 days before the hearing, unless you’ve waived that requirement in writing. Typically, it takes six months or more to get your hearing scheduled. Therefore, you should have time to gather key evidence before the hearing. 

Judges expect you to obtain new evidence during your wait for the hearing. If you don’t tell the hearing office about the evidence or submit it by the deadline, the judge may not consider it unless an exception applies.

Exceptions include:

• SSA misled you about what you needed to do.
• A physical, mental, educational, or language limitation kept you from meeting the deadline.
• Something unexpected or unavoidable prevented you from meeting the deadline.
• You tried to get the evidence on time but didn’t receive it at all or received it later than five business days before the hearing.

For example, if you requested records from a specialist and told the hearing office they were coming, those records may be considered if they arrive only days before the hearing or if they arrive after the hearing. 

The judge decides if an exception applies. While they may allow late evidence, they do not like to be surprised by new records close to the hearing date.

Missing and Late Medical Records

If key evidence is still missing close to the hearing, the judge has several options. They may postpone the hearing, providing more time for the evidence to arrive. The judge may also hold the hearing as scheduled and keep the record open so you can submit post-hearing evidence before they decide your claim. Sometimes, the judge needs a supplemental hearing before they can decide your claim.

You or your representative can ask the judge for more time to get key evidence or ask that the hearing be postponed. If the judge gives you more time, they set a deadline for submission. If you miss the deadline, the judge will probably decide your claim without it.

If you want a postponement, you need to show good cause. Plus, it typically takes over six months to get the postponed hearing rescheduled. 

How Advocate Can Help

Advocate can help you with a Social Security Disability Insurance (SSDI) claim or a concurrent SSDI and Supplemental Security Income (SSI) claim. We can help with every step from the application through ALJ hearings.

If you have questions about an SSA request or what comes next in your appeal, our disability specialists can help you understand the process. We can help you prepare for a hearing, including making sure your key medical records are on the ALJ's exhibit list. We also represent you at the hearing.