The regulations provide that a beneficiary (or recipient) and the appointed representative
may review the evidence in the claims folder, either on the date of the disability
hearing or at an earlier time, at the beneficiary's (or recipient's) or the appointed
representative’s request.
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1.
The disability hearing officer (DHO) will advise the beneficiary (or recipient) and
appointed representative in the hearing notice that if they want to look at the case
file before the hearing date, they will need to contact the disability hearing unit
(DHU) or Social Security Administration (SSA) office in their area to arrange another
time or place to review the file.
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2.
For suggested notice language, see DI
33010.080 Language for Disability Hearing Scheduling Notice for Domestic Claims-Exhibit, or
for foreign claims see DI 33010.085 Language for Disability Hearing Scheduling Notice for Foreign Claims – Exhibit.
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3.
If the beneficiary (or recipient) or appointed representative requests to review the
folder prior to the date of the hearing, the DHO will prepare the material as described
in DI 33015.005B and send to the individual either electronically via my Social Security (mySSA) account
or encrypted email, or via mailing an encrypted compact disc (CD). Annotate this action
on an SSA-5002 Report of Contact and include the date the folder was sent. Do not
send a CD to an incarcerated individual.
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4.
The beneficiary (or recipient) or appointed representative may review the folder at
the field office (FO) or the DHO if they request to review the folder prior to the
date of the hearing.
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5.
See GN 03340.000 Access to SSA Records for additional information.