Last Update: 9/1/2005 (Transmittal II-5-08)
HA 02510.001 Right to a Hearing
When Special Earnings Requirements Were Last Met on a Date Earlier
Than That Stated in the Notice of Hearing
Renumbered from HALLEX section II-5-1-1
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Appeals
Council Interpretation
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SUBJECT |
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Right to a Hearing When Special
Earnings Requirements Were Last Met on a Date Earlier Than That
Stated in the Notice of Hearing |
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ISSUE |
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Should the Appeals Council offer
the claimant an opportunity for a supplemental hearing when it reviews
or reopens an Administrative Law Judge's decision because disability
onset was established after insured status expired, and the notice
of hearing did not reflect the correct date last insured? |
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DISCUSSION |
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A favorable Administrative Law
Judge's decision based on disability under Title II of the Social
Security Act cannot be effectuated if the claimant was not insured
for entitlement to a period of disability and disability insurance
benefits on the established onset date. The Appeals Council must
send an appropriate notice before taking corrective action. If the
notice of hearing previously sent to the claimant did not reflect
the correct date last insured, the Appeals Council will modify its
notice to offer an opportunity for a supplemental hearing on the
issue of whether the claimant was under a “disability” on
or before the date the earnings requirements were last met. |
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A right to a hearing under these
circumstances exists based on Social Security Administration Regulations
at 20 CFR § 404.938 which
provide that the notice of hearing before an Administrative Law
Judge will contain a statement of the specific issues to be decided,
and 20 CFR § 404.939 which
provides the claimant an opportunity to object to the issues. |
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INTERPRETATION |
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When the Appeals Council reviews
or reopens a hearing decision on an application for a period of
disability and disability insurance benefits because the claimant
did not meet the disability insured status requirements on the date
of disability onset established by the Administrative Law Judge,
and the notice of hearing erroneously included a later date at which
the claimant was last “insured,” thereby indicating
that disability could be established after the earnings requirements
were last met, the Appeals Council will offer the claimant an opportunity
for a hearing on the issue of whether the claimant was under a “disability” on
or before the date last insured. |
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APPLICATION |
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The Appeals Council will apply
this interpretation in all cases that come before it involving the
same issue. |
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EFFECTIVE DATE |
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March 17, 1978 |
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CROSS-REFERENCE |
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20 CFR §§ 404.938 and 404.939;
HALLEX I-3-9-34. |