TN 10 (01-24)

DI 12010.041 Administrative Law Judge Oral (Bench) Decisions

A. Oral (bench) decisions

The administrative law judge (ALJ) oral (bench) decisions are abbreviated fully favorable decisions that are entered into the record of the hearing proceedings. The oral (bench) decision provides an alternative procedure for the ALJ to use when issuing the written decision.

B. When an ALJ may issue an oral (bench) decision

The ALJ may use the oral (bench) decisions procedures only if all of the following criteria are present:

  • The case is an initial adult disability case under Title II or Title XVI of the Social Security Act, or a claim for benefits as a disabled widow, widower, or surviving divorced spouse under Title II of the Act, or a claim for payments as a child under age 18 under Title XVI of the Act;

  • The case does not involve a Title II disabled adult child, a Title XVI age-18 redetermination, a continuing disability review, or a closed period of disability;

  • Drug addiction or alcoholism is not an issue in the determination of disability;

  • The ALJ decides at the hearing that a fully favorable decision is warranted; and

  • There are no changes to the findings of fact or the rationale for the ALJ decision between the time the oral (bench) decision is made at the hearing and the written decision is issued.

The ALJ is not required to use bench decisions. Even if all the above conditions are met, the ALJ may still decide to issue a written decision in the full-length format that gives the findings of fact and the reasons for the decision.

The field office (FO) or processing center (PC) should first look for the usual, full-length format ALJ decision. If that is in the file, process the case per the usual procedures.

If a full-length format, written decision is not in the file, the file will contain a checksheet and a notice of decision that staff can use to effectuate the ALJ decision.

C. Checksheet document

If the ALJ chooses to make a fully favorable oral (bench) decision at the hearing, the ALJ is required to include as an exhibit in the record a prescribed checksheet document that sets forth the key data, findings of fact, and narrative rationale for the decision. Claimants and their representatives may voluntarily submit proposed checksheet documents of their own at the hearing.

If the ALJ decides to use the proposed checksheet as is, or with changes, the ALJ must copy the proposed checksheet. The completed copy of the proposed checksheet becomes an exhibit used to prepare the decision.

If the ALJ decides not to issue an oral (bench) decision, but concludes that the proposed checksheet represents evidence that is material to the issues or proposed findings, rationale, or conclusions for consideration in the formulation of a written decision, the ALJ must enter the original proposed document into the record as a procedural exhibit.

The FO or PC will use the checksheet, along with the decision notice, to effectuate the ALJ decision following, as applicable:

  • DI 12010.035 Action Following a Favorable Administrative Law Judge (ALJ) Hearing Decision

  • DI 12010.040 Action Following a Favorable Title XVI Administrative Law Judge (ALJ) Hearing Decision

  • DI 42010.020 Completing Form SSA-831 in Favorable Administrative Law Judge Decisions (Initial Awards)

  • GN 03103.250 Payment Center (PC) Effectuation of Administrative Law Judge (ALJ) Decisions

  • SI 00603.040 Special Adjudication Procedures for Disability Claims

If necessary, the FO or PC will view the Office of Hearings Operations (OHO) Case Processing & Management System (CPMS) for the regulation basis code and impairment code (see DI 80550.000 for an overview of CPMS).

If the checksheet does not provide all the information needed, or if the case does not meet the criteria for an oral decision, contact the hearing office (HO) to resolve.

If the HO cannot resolve the issue, follow , as applicable:

  • DI 42010.065 Protest of Administrative Law Judge or Appeals Council Decisions

  • DI 42010.070 Administrative Law Judge Issues Closed Period Decision Where Disability Ceased More Than 14 Months before the Month in Which the Application Was Filed

  • DI 42010.075 Non-Protest Case - Contacting the Office Hearing Operations to Correct Minor Errors Not Affecting Outcome of Decision

D. Notice of decision

If the ALJ uses the oral (bench) decision procedures, the ALJ will send a Notice of Decision – Fully Favorable. That notice will include the language “I announced the basis for my decision at the hearing held on (date). I adopt here those findings of fact and reasons.” This language will help the FO and PC identify bench decisions. The notice also contains the application date, the onset date, and the disabling impairment(s).

E. Record of oral (bench) decision

A record of the ALJ oral (bench) decision must be made available to claimants and their representatives upon request. This may be in the form of tape recording, or compact disk (CD) of a digital recording. In electronic folders, the digital recording is housed in the multi-media section of the certified electronic folder and the FO or PC staff can duplicate this recording to a CD.

If the recording is not available electronically, and the folder is still in the HO, the FO or PC should contact the appropriate HO.

If a request for review has been filed, the FO or PC should contact the Appeals Council at ^DCARO OAO.


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DI 12010.041 - Administrative Law Judge Oral (Bench) Decisions - 01/02/2024
Batch run: 01/02/2024