Interview the claimant following the instructions in GN 03101.120.
If the interview is over the phone and the claimant has not submitted a request for
hearing, advise the claimant to access the SSA.gov Forms page to complete and submit the pdf version of HA-501-U5 by mail or in-person or
access iAppeals Medical or iAppeals Non-Medical to complete and submit a request for
hearing over the Internet.
If the claimant is in the office, help the claimant complete the request for hearing;
and explain the information detailed in this section. When possible, use the Modernized
Claim System (MCS) to document and file the request for hearing. For Title XVI, document
the hearing request in MS MSSICS 020.001. Otherwise, document and file the request for hearing on the paper form HA-501-U5.
Late request for hearing
If the request for hearing is late and the claimant is in the office, obtain a written
statement that explains the reason for late filing of the request for hearing. Explain
that the ALJ will decide whether to extend the time to file the request for hearing,
see GN 03101.020D.2.
The hearing process
Explain the hearing process described in GN 03103.010A.2 of this section.
Appearing at the hearing
Explain the importance of appearing at the hearing. If the claimant wants to waive
the right to appear at the hearing, he or she must complete and sign the HA-4608 per
Right to representation
Explain the right to representation if the claimant does not have a representative.
If a claimant needs help with obtaining a representative, provide a list of legal
referral and service organizations. For information about appointing a representative,
see GN 03910.010B.
Explain that the ALJ will determine whether hearing is held in-person or by video
teleconference. Explain the locations where we usually hold hearings in the local
area per GN 03103.050 and the video hearing per DI 80850.005.
Reimbursement for travel
Explain the possible reimbursement of travel expenses when it is necessary to travel
more than 75 miles to attend the hearing. See also:
GN 03103.060 Policy for Payment of Certain Travel Expenses to Hearings
Change of address or telephone number
Explain to the claimant that he or she must report any change of his or her address
or telephone number to SSA.
Explain the hearing notice, which gives the time and place of the hearing, the issues
to be decided, and the following information.
If the claimant cannot attend at the time of or place of where the hearing is scheduled,
explain that he or she should contact the hearing office (HO) prior to the hearing
and give a reason (objection) in writing. See HALLEX I-2-3-10 Scheduling Hearings.
The ALJ will consider the reason and may find good cause for changing the time or
place of the hearing.
If the ALJ does not find good cause, the claimant or his or her appointed representative
should appear at the hearing or before the scheduled hearing, request waiver of an
oral hearing in writing and ask the ALJ to decide the case based on the evidence in
the file, see GN 03103.030.
If the claimant fails to appear at a scheduled hearing after an ALJ has determined
that there is no good cause for rescheduling the hearing, and the claimant has not
filed a waiver of the oral hearing, the ALJ may dismiss the hearing without reviewing
the evidence in the file. For information about dismissal of hearing, see GN 03103.220.