TN 4 (02-90)

DI 33015.040 Postponements and Changes in Place of the Disability Hearing

A. Policy

1. General

If the claimant is unable to travel or has some other reason why he/she cannot attend the hearing at the scheduled time or place, he/she should request, at the earliest possible date, that the time or place be changed.

The time or place of the hearing will be changed if there is good cause for doing so under 20 CFR 404.936(c) and (d) or 20 CFR 416.1436(c) and (d).

2. Changes requested by claimant

A request for a change will generally be executed on an SSA-769-U4. It may be made directly to the DHU or more likely will be received in a FO and sent to the DHU.

Only a DHO, SHO or the Regional Office (RO) has the authority to grant or deny a request for change in time or place of the hearing.

3. Postponement requested by DDS

In some situations, the DDS may request the DHU to postpone a hearing because it is unable to complete its action on the case within its expected time frame.

4. Postponement requested by DHU

In some situations, e.g. when a case is returned for additional development, a DHO may postpone a hearing.

B. Procedure

1. Changes requested by claimant

Attempt to accommodate request changes in time or date of the hearing. Weigh the reason for the change against the expeditious handling of the hearing.

Handle requests for changes in the place of the hearing per DI 33010.040 B.

Consider contacting the claimant in some circumstances to further explore the reason(s) for the request.

2. Claimant's request denied

If the claimant's request is denied:

  • make the decision in writing, including a brief explanation of the decision, and send a copy to the claimant, representative and representative payee, if any, and

  • annotate the denial on the SSA-769-U4.

3. Claimant's request granted

If the claimant's request is granted:

  • send a new scheduling notice,

  • annotate the SSA-769-U4 to show the request was granted,

  • send the claims folder, if in DHU, and the DHU folder to the new DHU, and

  • update the case control system.

4. Postponement requested by DHU

Postpone the scheduled hearing and reschedule if necessary when the postponement was requested by the DHU.

To Link to this section - Use this URL:
DI 33015.040 - Postponements and Changes in Place of the Disability Hearing - 04/17/1990
Batch run: 03/07/2014