NOTE: If after entering the U.S., an individual travels more than 75 miles one way to a
hearing, he/she may be paid for travel expenses for the travel within the U.S.
A limitation applies to the reimbursement of travel expenses of a representative.
The amount of reimbursement shall not exceed the maximum amount allowable under 20
CFR 404.999c. and 416.1498 for travel to the hearing site from the farthest point
within the geographic area of the office having jurisdiction over the hearing. (See
B.4. below for what is meant by geographic area; see C.3. below for determining the
maximum amount payable to a representative.)
Each individual's travel distance is determined separately when applying the 75-mile
rule. Subpoenaed witnesses are paid, under 20 CFR 404.950(d)(4) and 416.1450(d)(4),
the same fees and mileage they would receive if they had been subpoenaed by a Federal
district court. (See DI 33010.050 for information on subpoenas.)
The DHO determines if the presence of a witness is considered “reasonably necessary” for travel reimbursement purposes.
Travel expenses will generally be reimbursed after the trip; however, see A.4. below
for information on advances.