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Exhibit
List is a term that most claimants for Social
Security Disability may never hear, even if they eventually
have their cases brought before an Administrative Law Judge
at a disability hearing.
However, it is at the ALJ hearing level that an exhibit
list becomes a practical component of the claim
evaluation process.
The exhibit list is exactly what its name implies, a list.
More specifically, it is a listing of everything contained
in a disability claimant's social security file (which,
at the time of a hearing, is referred to as an exhibit
file).
The information contained in a claimant's social security
file includes copies of all applications and appeals that
have been filed, as well as copies of all medical records
gathered by disability examiners at DDS.
The exhibit list can be thought of as a road map, or, better
yet, a table of contents that lists everything inside a
book titled "your social
security file".
Why are exhibit lists created?
Exhibit lists are created for the sake of convenience and
expediency. They allow both a claimant's representative
and an Administrative Law Judge to refer to a piece of medical
evidence by its assigned number on the list. Entries on
exhibit lists are like chapter entries in a table of contents.
Exhibit lists are compiled by the Office
of Hearings and Appeals. Once an exhibit list
is created, a copy is sent to a claimant and the claimant's
representative, if the claimant has one.
Generally, the completion of an exhibit list signals that
a case is close to being
scheduled for a hearing before a judge.
When an exhibit list is received by a claimant's representative,
it can be reviewed to see which medical evidence was available
to Disability Determination
Services when the case was denied at the Initial
Claim and Reconsideration levels
Following such a review, a representative may decide to
request medical records from a claimant's doctors, hospitals,
and clinics while avoiding
duplication of medical
records that are present in the file, as indicated
by the exhibit list.
Many representatives, it must be noted, however, will not
order records until they receive the actual exhibit
file a.k.a. social security file, and examine
it for its contents.
Unfortunately, while the creation of exhibit lists is beneficial
for the sake of individual hearings, the time required to
create such lists tends to be an aspect of the hearing process
that accounts for significant delay.
This is simply because staff workers at hearing offices
must thumb through each claimant's social security file
and tag each individual item
as an exhibit so it can be notated on the file's
exhibit list.
In all likelihood, the creation of exhibit lists adds
many weeks or even months to the total time it
takes to get a disability hearing before an Administrative
Law Judge.
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