Last Update: 9/1/2005 (Transmittal II-5-08)
HA 02510.003 Oral Hearing Upon
Remand
Renumbered from HALLEX section II-5-1-3
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Appeals
Council Interpretation
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SUBJECT |
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Oral Hearing Upon Remand |
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ISSUE |
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Under what circumstances should
a claimant be offered the opportunity for a hearing following a
remand? |
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DISCUSSION |
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Social Security Administration
Regulations at 20
CFR §§ 404.977 and 416.1477 do not explicitly
state that a hearing must be held whenever a case is remanded. However,
due process requires that the claimant be given an opportunity for
a hearing on the entire period to be ruled upon in the decision
on remand, and to submit additional evidence or contentions or to raise
questions of law as a result of the Council's remand of the case.
This allows the claimant a full and fair opportunity to present
his or her case. It is immaterial that the claimant originally waived
his or her right to a hearing because the claimant may wish to change
his or her decision in light of the Appeals Council's reason for
remanding the case. |
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The Administrative Law Judge need
not automatically schedule a hearing (except when the Appeals Council
orders that a hearing be held), but must inform the claimant, in
writing, of the right to a hearing. |
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INTERPRETATION |
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On remand, the Administrative
Law Judge shall offer the claimant the opportunity for a hearing
except in a claim for Title II disability insurance benefits when
the period at issue expired before the date of the hearing decision
(e.g., insured status expired in a disabled worker's claim or the
claimant reached age 22 in a child's insurance benefits claim).
In those instances, the Administrative Law Judge need not offer
the claimant the opportunity for a hearing unless the Administrative
Law Judge finds that the facts warrant it. |
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In those cases when the Appeals
Council concludes that a hearing is required to
adequately document the evidentiary record or to satisfy the requirements
of due process, the Appeals Council will order that a hearing be
held. When the Appeals Council does not order a hearing, the Administrative
Law Judge should still offer the claimant an opportunity to appear
at a hearing to present oral testimony or arguments and to submit
additional evidence in response to the remand order, even when the
claimant initially waived an oral hearing. As in other procedural
matters, the Administrative Law Judge must document the fact that
the claimant was extended the opportunity for a hearing on remand. |
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APPLICATION |
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The Appeals Council will apply
this interpretation in all cases that come before it involving the
same issue. |
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EFFECTIVE DATE |
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October 4, 1989 |
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CROSS-REFERENCE |
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20 CFR §§ 404.977 and 416.1477;
HALLEX § HA 01370.040 E. |