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Attached Document:
hanks__04-13-05_memo__meachem_v_wing_.pdf
Documents : Fair Hearing Decision Drafting
April 13, 2005 Memo to ALJs from Russell J. Hanks (Fair Hearing Training; Meachem v Wing)
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This memorandum was issued by Deputy General Counsel for Administrative Hearings Russell J. Hanks as part of the Stipulation and Order of Settlement in Meachem v Wing, 99 Civ. 4630 (S.D.N.Y. April 20, 2005).
Under the heading, "Fair Hearing Decisions," at p. 2, Deputy General Counsel for Administrative Hearings Russell J. Hanks instructs that
"When a decision adverse to the appellant turns on the credibility of the appellant, the basis for the determination should be included in the decision. Please note that the lack of documentary evidence is not a per se basis for finding an appellant’s testimony incredible. A hearing officer may find uncorroborated testimony to be credible, especially where it is found to be uncontradicted or internally consistent."
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Created: 5/30/2008
Updated: 5/31/2008
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