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.
The DHO will burn an encrypted compact disc (CD) of the documents used in the evidence
of record if the beneficiary (or recipient) or appointed representative requests to
review the folder prior to the date of the hearing for an electronic claim. Annotate
this action on an SSA-5002 Report of Contact and include the date the CD was burned.
Do not send a CD to an incarcerated individual.
NOTE: The DHO may also send an encrypted PDF via secure email. See DI 81001.035F for complete instructions.
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4.
The beneficiary (or recipient) or appointed representative may review a paper 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.