Regional and FOs do not process hearings for foreign cases except when the DHO has
prior involvement in a particular case. In those instances, the IDU requests assistance
from the regional office via the Office of Disability Determinations (ODD). The IDU's
DHO continues to process all other foreign reconsideration cases.
If the individual resides in a foreign country or uses a foreign mailing address and
contacts the FO (rather than the IBO) for assistance in filing a request for reconsideration
of a CDR, follow current procedures, with the following exceptions:
Do not request the case folder.
Do not take any action regarding SBC, other than obtaining an SSA-795 regarding the
SBC election choice and auxiliaries’ payments.
Inform the individual that he or she can come to the United States (U.S.) for a hearing;
or he or she can have OEIO review his or her case and issue a decision based on the
evidence of record, which would include any additional evidence submitted in connection
with the reconsideration request. If an individual or representative wishes to appear
at a hearing:
Find out where in the U.S. the individual wishes to have the hearing held (the individual’s
point-of-entry into the U.S. or his or her temporary U.S. residence determines the
region where we will schedule the hearing). Since there are no provisions provided
for a DHO to travel, the hearing must be conducted by the regional IDU's DHO.
Find out when he or she will be in that area; and
Include the location and time the individual is available in the material forwarded
Ensure that the individual understands there are no provisions for reimbursing expenses
for travel outside of the U.S.
NOTE: If after entering the U.S., the individual has to travel more than 75 miles (one
way) to attend a hearing, he or she may request reimbursement for travel expenses
incurred within the U.S. For information about reimbursement of travel expenses to
the disability hearing site, refer to DI 33010.045 Reimbursement for Expenses to Travel to Disability Hearing Site.