An appellant may request a hearing by filing a written request, either a Form HA-501-U5 (Request for Hearing) or a letter, which contains at least the following:

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  The appellant'sname and Social Security Number (SSN);

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  The name and SSN of the appellant's spouse (if any);

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  The appellant's reasons for disagreeing with the determination;

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  A statement of additional evidence (if any) and the date it will be submitted; and

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  The name and address of any designated representative.

NOTE: Effective March 16, 2012, appointed representatives have the affirmative duty to use the iAppeals (i561, i501, and i3441) application to file a request for reconsideration or a request for hearing on a medically denied claim if they request direct fee payment on the matter. For more information about appointed representatives’ affirmative duties, see GN 03970.010.

A hearing request may be filed within 60 days after the appellant's receipt of a notice of the reconsidered determination or revised hearing decision. An appellant may submit a hearing request at any SSA office, the Veterans Administration Regional Office in the Philippines, any Foreign Service Post, or any Railroad Retirement Board (RRB) office (if the appellant has at least 10 years or after December 31, 1995 has at least 5 years of service in the railroad industry).

An appellant who has the right to request a hearing, but fails to do so timely, may ask for more time to make the request for hearing. The request for extension must be in writing and state the reasons why the request for hearing was not filed timely, and it must be filed in an SSA office. If the appellant shows good cause for missing the deadline, the ALJ will extend the time for requesting a hearing.

To determine whether good cause exists, the ALJ will use the same standards as are used to determine good cause for failure to request reconsideration timely. (See SI 04020.020B.3. and regulation no. 416.1411 for a description of the basis for finding good cause.)

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  The appellant's name and SSN;

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  The name and SSN of the surviving eligible spouse or other individual who may be eligible to receive benefits due a deceased claimant where appropriate (see section A.6.f. below);

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  A statement of the reasons for requesting withdrawal; and

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  A statement that the appellant understands the effect of the request,

The ALJ may approve the withdrawal. If so, the findings of initial, revised, or reconsidered determination become final. Withdrawal of a hearing request prevents the issuance of a hearing decision and causes the prior determination to become final.

The ALJ may refuse to approve the withdrawal request if:

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  The ALJ believes that the appellant did not understand the consequences of a withdrawal, or

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  The withdrawal would harm the appellant's interest, or

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  Other parties to the hearing have not agreed to the withdrawal request and their interests would be harmed by the withdrawal.

In such instances, the hearing process will proceed as if the withdrawal had not been requested.

An ALJ or the Appeals Council can dismiss a hearing request.

A notice of dismissal must be mailed to all parties at their last known address and contain the reason(s) for the dismissal. It must also state that the appellant has the right to ask the AC to vacate the dismissal action.

A dismissal is binding unless it is vacated by an ALJ or the AC.

An ALJ or the AC may vacate a dismissal if the appellant requests it within 60 days after receiving the dismissal notice and shows good cause why the request should not have been dismissed.

The AC may also vacate a dismissal on its own motion within 60 days after the date of the dismissal notice.

The AC will advise the appellant in writing of its action.

The ALJ has the discretion to dismiss the hearing request if the claimant or the party or parties that requested the hearing ask that it be withdrawn or dismissed.

A party is deemed to have abandoned the hearing if:

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  Neither the appellant nor appellant's representative appears at the time and place fixed for the hearing; and

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  Good cause for failure to appear is not established within 10 days after the ALJ mails notice to the appellant advising that good cause must be established for the failure to appear at the scheduled hearing.

The option to dismiss is at the discretion of the ALJ. If there is more than one party, the request may be dismissed only if all parties abandon it.

A request may be dismissed if the same facts and issues were decided involving the same party or parties in a previous claim under title XVI (res judicata), and the prior decision has become final. A new decision would be issued if the same facts and issues were decided involving the same parties under a different title of the Social Security Act applying the rule of collateral estoppel, and the prior decision has become final.

NOTE: See SI 04005.020D, which specifies that a hearing request may not be dismissed because the claim is res judicata if the appellant relied on incomplete, incorrect or misleading information.

There is no right to a hearing when:

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  The appellant was not a party to the initial or reconsidered determination and their rights have not been, and cannot be, prejudiced by the determination; or

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  The matter complained of is not an “initial determination”; or

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  The initial determination has not been reconsidered, except for a revised initial determination where there is no reduction, suspension or termination of current benefits.

The appellant may submit a statement explaining the reasons they did not file the request timely. If the ALJ finds that good cause is not shown for late filing, the ALJ will dismiss the case.

The ALJ may dismiss unless there is a surviving spouse or other eligible individual who may qualify for the benefit that may be payable to the deceased appellant, there is another remaining party to the hearing or there is interim assistance, see subsection SI 04030.020B.11. in this section. Also, see SI 04020.020B.9. and SI 04020.020B.10.

The ALJ may dismiss a hearing request after 30 days after the date of notice of a revised determination if the FO or DDS reopens and revises the reconsidered determination or otherwise makes a fully favorable determination based on the evidence received, and if the appellant and all other parties to the hearing indicate that they do not wish to proceed with the hearing by a request to withdraw the hearing request.

Upon receipt of a case on remand, a revised determination must be issued. (See SI 04070.001 ff.)

If the appellant insists on waiving personal appearance, have them complete Form HA-4608.

DO NOT ENCOURAGE WAIVER.

Accept a withdrawal of the appellant's waiver at any time before the ALJ's decision is mailed.

Advise the appellant that an ALJ may request the appellant's presence at the hearing if the ALJ believes that the testimony and appearance of the appellant would assist in making the decision.

NOTE: The appellant's waiver of their right to appear cannot prevent the issuance of a hearing decision.

Attach an RC to all copies except the appellant's, which contains a brief statement of the FO explanation and indicates why the appellant insisted on filing for a hearing before having a reconsideration. Send the claims folder copy of the SSA-636-U3 (Transmittal Notice of Hearing Case) without the claims folder but with the certification in d. below, if:

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  No reconsideration has been requested; or

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  A reconsideration is in process but a determination has not been made; or

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  A reconsideration request was not timely filed and a good cause extension was not granted.

Process the determination.

Model the notice after the SSA-L8456-U2 or SSA-L8457-U2 except for the language under the caption, “Do You Disagree With the Decision?” Substitute the preprinted language with paragraph ALSM 50 in NL 00804.224.

Then, prepare the claims file as indicated in SI 04030.030B.1. and forward it to the HO.

Do not delay processing the SSA-636-U3; forward it immediately with the RC but without the claims file to the HO.

NOTE: The individual can then decide whether they wishes to request a hearing again, after notice of the ALJ's dismissal of the premature hearing request and receipt of the favorable reconsideration determination.

If the individual did not file a timely request for reconsideration, show this on the SSA-636-U3, as indicated below, and include the file in the material forwarded to the HO.

Enter the following certification under “Remarks:”

“The undersigned, an employee of the Social Security Administration, certifies that on (date), notice was mailed to (name of appellant) that it was determined (issue) and they were advised of their right to request a reconsideration if they disagreed with the findings. On (date), (name of appellant) requested a hearing with respect to the above determination. The undersigned further certifies that the appellant (has a request for reconsideration pending on which no determination has been made) (has not requested reconsideration of the initial determination) (did not timely request a reconsideration of the determination).”

Complete the SSA-636-U3 in all other respects as indicated in GN 03103.110, and distribute copies of the form as explained in that section.

The ALJ will advise the appellant that they has no jurisdiction to hold a hearing since the initial determination has not been reconsidered by SSA. At that time, update the MSSICS appeal system concerning the appeal. Do not take any final related action pending the ALJ action on the hearing request. Upon receipt of notice of the ALJ action, complete any pending action and/or consider any additional evidence or information submitted.

Prepare a Form HA-501-U5.

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  Type the name of the person making the request in the space for signature.

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  Enter under “reason for disagreement” that the request was made in a letter, from whom the letter was received, and the date of the letter.

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  Attach the original letter to the original HA-501-U5, and a legible copy of the letter to each copy of the HA-501-U5 unless the letter is of a confidential nature; e.g., correspondence from a member of Congress.

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  When a “confidential” letter constitutes a request for a hearing, include on the HA-501-U5 an explanatory statement along the following lines: “Senator John Smith's letter dated September 23, 1989, on behalf of (Name of Appellant).”

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  Attach the incoming letter from the member of Congress to the “claims file” copy of the HA-501-U5 but do not make copies of the letter.

  NOTE: The ALJ decides whether it is proper to include the letter from the member of Congress in the official record.

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  A congressional letter may be only an inquiry. However, if it clearly originated with the appellant and implies a request for appeal, infer that the appellant has requested a hearing.

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  Distribute the HA-501-U5 copies immediately as shown in GN 03103.020 and GN 03103.080.

  NOTE: The date of receipt of the letter or mailing date is considered the date of filing the hearing request.

Send the individual an HA-501-U5.

Include an SSA-1696-U3 (Appointment of Representative) for completion, if the individual has a representative, and the SSA-1696-U3 has not already been filed.

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  Proceed with award or corrective action;

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  Add a paragraph to the award notice which advises the appellant that we have reviewed the claim again, and they have the right to ask the ALJ to go ahead with the hearing request if they disagree with our decision; and

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  Send the HO a copy of the award notice sent to the claimant.

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  Proceed with award or corrective action;

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  Add a paragraph to the award notice which tells the appellant that we have reviewed the claim again and revised our decision. Also tell the appellant that the ALJ will go ahead with the hearing unless the hearing request is withdrawn ; and

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  Send the file to the HO with a copy of the award notice sent to the claimant.