When a claimant waives an oral hearing, an Administrative Law Judge (ALJ) makes a
decision only on the evidence in the file (plus any new evidence). Sometimes the ALJ
may believe that he or she cannot make a correct decision unless the claimant appears
and testifies. In this instance, the claimant receives a notice for the time and place
of the hearing and issues to be decided. However, if the claimant fails to appear,
the ALJ issues a decision based on a review of the file.