BASIC (06-11)

DI 57601.015 Prehearing and Posthearing Conferences in Region I

Citations:

20 CFR 405.330

20 CFR 405.334 ,

20 CFR 405.366

A. Prehearing statements

At any time before the hearing begins the claimant may submit, or the administrative law judge (ALJ) may request the claimant to submit, a prehearing statement as to why he or she is disabled.

B. Prehearing and posthearing conferences

The claimant may request, or the ALJ may decide to conduct, a prehearing or posthearing conference to facilitate the hearing or the decision on the claim.

The ALJ normally holds the conference by telephone unless the ALJ decides that conducting it in another manner would be more efficient and effective in addressing the issues raised at the conference. The ALJ will give the claimant reasonable notice of the time, place, and manner of the conference. The ALJ will make a record of the conference and place in the hearing record.

1. Failure to appear at the prehearing conference

If neither the claimant nor the claimant’s representative appears at the prehearing conference and the claimant does not have a good reason for failing to appear, the ALJ may dismiss the hearing request.

2. Failure to appear at the posthearing conference

If neither the claimant nor the claimant’s representative appears at the posthearing conference and the claimant does not have a good reason for failing to appear, the ALJ will issue a decision based on the information available in the claim.

C. Field office (FO) actions

If the claimant submits a prehearing statement to the FO, the FO will contact the hearing office immediately for instructions.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0457601015
DI 57601.015 - Prehearing and Posthearing Conferences in Region I - 06/10/2011
Batch run: 06/10/2011
Rev:06/10/2011