405.373—Requesting consideration of new evidence.
(a)
If the administrative law judge's decision is our final decision, the administrative law judge will consider new evidence submitted after the issuance of the decision if your claim has not been referred to the Decision Review Board. To obtain such consideration, you must request consideration by the administrative law judge at the earliest possible opportunity, but no later than 30 days after the date you receive notice of the decision.
(b)
The administrative law judge will accept the evidence if you show that there is a reasonable probability that the evidence, alone or when considered with the other evidence of record, would change the outcome of the decision, and:
(2)
You had a physical, mental, educational, or linguistic limitation(s) that prevented you from submitting the evidence earlier; or
(3)
Some other unusual, unexpected, or unavoidable circumstance beyond your control prevented you from submitting the evidence earlier.
(c)
(1)
The administrative law judge will notify you within 10 days whether or not he or she will reconsider the final decision.
(2)
If the administrative law judge declines to reconsider his or her decision, the decision remains final. If you choose to seek judicial review, you must file in Federal court within the 60-day period beginning with the date you originally received the final decision.
(3)
If the administrative law judge agrees to reconsider his or her decision based on the new evidence, the final decision is vacated and not subject to judicial review. After considering the new evidence, the administrative law judge will take appropriate action, including rendering a decision under § 405.370, and we will send you notice of the decision under § 405.371.
(d)
If the administrative law judge's decision is not our final decision, you must submit your evidence to the Decision Review Board, and the Board will consider it if you make the showings required in paragraph (b) of this section.