A claimant may request a hearing conducted by an administrative law judge (ALJ). Office of Hearings Operations (OHO) management, through designated staff, may schedule the claimant to appear at the hearing in person, or by audio, agency video, or online video. Audio means telephone or similar audio-based technology in a private location the claimant chooses. Agency video means video, with audio functionality, using our equipment in one of our offices. Online video means video, with audio functionality, using a personal electronic device in a private location the claimant chooses. For more information, see GN
03103.010 and HALLEX I-2-0-15 Appearance by Audio, Agency Video, or Online Video and I-2-3-10 Scheduling Hearings.
A claimant may object to an appearance by audio, agency video, or both. For more information, see GN
03103.010 and HALLEX I-2-0-21 Objections to Appearing at Hearing by Audio or Agency Video. OHO management, through designated staff, will not schedule a claimant to appear by online video unless the claimant agrees to appear in that manner. For more information, see GN 03103.010 and HALLEX I-2-0-22 Agreement to Appearing by Online Video.
At the hearing, the claimant may submit new evidence, examine the evidence used in making the determination or decision under review, and present and question witnesses. The ALJ may question the claimant and witnesses. If the claimant waives the right to appear at the hearing, the ALJ will make a decision based on the record and any evidence the claimant submitted.
1. Who may request a hearing
The claimant, their appointed representative or representative payee, or other third party on behalf of the claimant can file a hearing request. The FO employee must provide a copy of the hearing request to the claimant as notification that SSA received the appeal. In addition, any other person who can show in writing that their rights may be adversely affected may request a hearing.
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.
2. When an ALJ will hold a hearing
The ALJ will hold a hearing if any person mentioned in SI 04030.010A.1. in this section requests a hearing in writing and the Social Security Administration has made any of the following determinations or decisions:
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Reconsidered determination
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Revised initial determination
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Reconsideration of a revised determination
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Initial or reconsidered determination that involves a suspension, reduction or termination of current benefits
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Revised reconsidered determination that does not involve a suspension, reduction, or termination of current benefits
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Revised hearing decision based on evidence not included in the record on which the prior hearing decision was based
3. Who are parties to a hearing
Parties to the hearing include:
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Other parties to the initial, reconsidered, or revised determination
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Anyone whose rights may be adversely affected by the decision, and who shows that in writing
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Anyone whose rights we may adversely affect by the decision; and the ALJ notifies the person to appear at the hearing or to present evidence supporting their interest in the decision
At least 75 days before the hearing, the agency mails or gives by personal service a notice to all of the parties to the hearing, who have not waived the right in writing to receive notice, a notice that includes the following information. At least 20 days before the amended or supplemental hearing, the agency will mail or serve the notice for the amended or supplemental hearing.
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The time and, for in person and agency video appearances, place of the hearing
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A statement of the specific issues to be decided
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A statement informing the claimant of the right to designate a person to represent them
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An explanation of the procedures for requesting a change in time and, if applicable, place of the hearing
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A reminder that the ALJ may dismiss the hearing request if the claimant fails to appear at the hearing without good cause
5. Acknowledgement of the notice by the claimant or the representative
If the claimant or the representative does not acknowledge receipt of the notice, Social Security will attempt to contact the claimant or appointed representative for an explanation. Send an amended notice by certified mail if the claimant states they did not receive the notice.
6. Where hearings are held
Social Security holds hearings within the 50 States, the District of Columbia, American Samoa, Guam, the Northern Marianna Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. For in person and agency video hearings, we normally hold hearings within 75 miles of the claimant's residence.
7. Who can Social Security reimburse for travel expenses to attend hearings
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The claimant if the distance to the hearing is more than 75 miles
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Witnesses who were not subpoenaed if the distance to the hearing is more than 75 miles
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Witnesses who were subpoenaed. We reimburse subpoenaed witnesses under the rules for reimbursing witnesses who are compelled to appear in a United States District Court under the Federal Rules of Civil Procedure.
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An appointed representative. Reimbursement may not exceed the maximum amount allowable for the representative’s travel originating within the geographic area having jurisdiction over the hearing.