New evidence for Social Security claims must be submitted 5 business days ahead of the hearing. See 20 CFR 404.935(a) and HALLEX I-2-5-13. With a typical weekend, that’s 7 days ahead of the hearing. Holidays, which are of course not business days, must be accounted for as well. So beware the 3-day holiday weekend.

The federal holidays following Christmas and New Year’s Day can sneak up on you. The Birthday of Martin Luther King, Jr. is January 15th, and Washington’s Birthday will be honored on Monday, February 19th this year. If you have a hearing during the week following one of these holidays, as I do, you must take the holiday into account when calculating filing deadlines.

New evidence includes updated medical evidence and the Representative’s brief. Everything must be filed 5 business days ahead to be timely for the hearing. While filing earlier is always best, be aware of the deadline.