---
kind: "section"
citation: "20 C.F.R. § 404.935"
title: "20"
number: "404.935"
heading: "Submitting written evidence to an administrative law judge."
url: "https://uscodex.org/cfr/20/404.935"
---

# §404.935. Submitting written evidence to an administrative law judge.

- (a) When you submit your request for hearing, you should also submit information or evidence as required by [§ 404.1512](/cfr/20/404.1512.md) or any summary of the evidence to the administrative law judge. Each party must make every effort to ensure that the administrative law judge receives all of the evidence and must inform us about or submit any written evidence, as required in [§ 404.1512](/cfr/20/404.1512.md), no later than 5 business days before the date of the scheduled hearing. If you do not comply with this requirement, the administrative law judge may decline to consider or obtain the evidence, unless the circumstances described in [paragraph (b)](#b) of this section apply.
- (b) If you have evidence required under [§ 404.1512](/cfr/20/404.1512.md) but you have missed the deadline described in [paragraph (a)](#a) of this section, the administrative law judge will accept the evidence if he or she has not yet issued a decision and you did not inform us about or submit the evidence before the deadline because:
  - (1) Our action misled you;
  - (2) You had a physical, mental, educational, or linguistic limitation(s) that prevented you from informing us about or submitting the evidence earlier; or
  - (3) Some other unusual, unexpected, or unavoidable circumstance beyond your control prevented you from informing us about or submitting the evidence earlier. Examples include, but are not limited to:
    - (i) You were seriously ill, and your illness prevented you from contacting us in person, in writing, or through a friend, relative, or other person;
    - (ii) There was a death or serious illness in your immediate family;
    - (iii) Important records were destroyed or damaged by fire or other accidental cause; or
    - (iv) You actively and diligently sought evidence from a source and the evidence was not received or was received less than 5 business days prior to the hearing.

## Notes

### Amendments

[81 FR 90993, Dec. 16, 2016]

### Authority

Authority: Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j), 221, 223(i), 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i), 425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

### Amendments

[81 FR 90993, Dec. 16, 2016]