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Documents for Your Hearing

This section covers only OMHA’s role at Level 3 of the appeals process. The appeals process begins at Level 1. In order to appeal to OMHA, you must have passed through Level 1 and Level 2 of the appeals process.

For more information, see "The Appeals Process."

Viewing your Current Case File

You and your representative may look at the evidence in your file. You do this by submitting the forms listed below.

For other options to view your records, visit the "Records, Record Change, and Information Requests" section of the Forms page.

Your situation
Forms you need
If you are requesting your own record...
If you are a third party (e.g. representative, provider/supplier, etc.) requesting the record from OMHA...

Submitting New Evidence

Under certain circumstances, you may be able to submit new evidence.

Please submit any new evidence directly to the Administrative Law Judge (ALJ) assigned to review your appeal. When your request for hearing is assigned OMHA will send you a Notice of Assignment with the name and address of the ALJ assigned to your case. If you forward evidence to OMHA before your appeal is assigned to an ALJ the evidence will be returned to you. Please see http://www.hhs.gov/omha/important_notice_regarding_adjudication_timeframes.html for further information regarding submitting new evidence.

To submit new evidence, you or your representative should fill out the form Filing of New Evidence (HHS-728).

The ALJ will examine any new evidence submitted to determine whether the party had good cause for submitting the evidence for the first time at the ALJ level. If you are a provider, supplier or beneficiary represented by a provider/supplier, your statement must also include an explanation why the evidence was not previously submitted to the QIC or a prior decision-maker.

How OMHA Manages Your Documents

When your request for an ALJ hearing is received by the OMHA field office, the staff establishes an electronic record to keep track of your case. The staff also sends a request to the QIC or other lower level decision-maker for them to forward your claim file to OMHA. An accurately completed request for ALJ hearing minimizes delays in obtaining your claim file.

Content created by Office of Medicare Hearings and Appeals (OMHA)
Content last reviewed on May 20, 2015