An individual who is dissatisfied with one of the determinations or decisions in VB 02503.010A.2. may request a hearing before an Administrative Law Judge (ALJ). At the hearing,
the individual may appear in person, submit new evidence, examine the evidence used
in making the determination or decision or review, and present and question witnesses.
If no oral hearing is held, the ALJ will make a decision based on evidence that is
in the file and any new evidence that may have been submitted for consideration.
All title VIII requests for hearing will be handled by the Office of Disability Adjudication
and Review (ODAR) San Francisco Regional Office, regardless of where the claimant
lives (within the U.S. or abroad) or the issue(s) being appealed.
Qualification for and entitlement to SVB are two separate determinations. However,
until an individual qualifies for SVB, SSA will not make a determination on entitlement.
Appeal rights attach to each determination so that the individual may have the right
to more than one hearing on the same application. (See VB 00901.000 ff. for procedures on adjudicating SVB claims.)
On actions to suspend, reduce, or terminate SVB, the individual has the right to advance
notice before SSA implements the adverse action. The reconsideration notice provides
60 days from the date of receipt to file a request for hearing and for benefit continuation
if the individual's requests is made within 10 days of the reconsideration notice
(or later if “good cause” is established).