Under title II (20 CFR 404.930), a claimant
has a right to request a hearing if he or she has received:
•
A reconsidered determination;
•
A revised determination of an initial determination,
unless the revised determination concerns the issue of whether,
based on medical factors, the claimant is disabled;
•
A reconsideration of a revised initial determination
concerning the issue of whether, based on medical factors, the claimant
is disabled;
•
A revised reconsidered determination;
•
A revised decision based on evidence not included
in the record on which the prior decision was based;
•
An initial determination denying waiver of adjustment
or recovery of an overpayment based on a personal conference under 20 CFR 404.506;
or
•
An initial determination denying waiver of adjustment
or recovery of an overpayment based on a review of the written evidence
of record under 20
CFR 404.506, and the determination was made concurrent with,
or subsequent to, a reconsideration determination regarding the
underlying overpayment but before an administrative law judge holds
a hearing.
Under title XVI (20 CFR 416.1430), a claimant
has a right to request a hearing if he or she has received:
•
A reconsidered determination;
•
A reconsideration of a revised determination of
an initial or reconsidered determination that involves a suspension,
reduction or termination of benefits;
•
A revised initial determination or revised reconsidered
determination that does not involve a suspension, reduction or termination
of benefits; or
•
A revised decision based on evidence not included
in the record on which the prior decision was based.
When an ALJ determines that the claimant has not exhausted
all earlier administrative procedures (i.e., the claimant has not
received the required initial and reconsidered or revised determinations),
the ALJ must find that the claimant does not have the right to a
hearing and dismiss the RH.
If an RH includes or is based on
issues for which the Social Security Administration (SSA) does not
have jurisdiction, see the instructions in HALLEX HA 01220.010 if
the issues are within the jurisdiction of a State agency, or HALLEX HA 01220.035 if
the issues are within the jurisdiction of the Internal Revenue Service.
Generally, the ALJ will rule on the issues for which SSA has jurisdiction,
and dismiss the RH with respect to the issues for which SSA does
not have jurisdiction.
If a hearing is requested on an
action listed in 20
CFR 404.903 and 416.1403, “Administrative
actions that are not initial determinations,” the claimant
does not have a right to a hearing under the administrative review process
and the RH will be dismissed. These administrative actions include
a number of SSA actions, including (but not limited to) suspension
of benefits pending an investigation, determining the fee that a
representative may charge, and denying a request to readjudicate
a claim and apply an Acquiescence Ruling.