Regional and FOs do not process hearings for foreign cases except when the DHO has
prior involvement in a particular case. In those instances, the IDU requests assistance
from the regional office via the Office of Disability Determinations (ODD). The IDU's
DHO continues to process all other foreign reconsideration cases.
If the individual resides in a foreign country or uses a foreign mailing address and
contacts the FO (rather than the IBO) for assistance in filing a request for reconsideration
of a CDR, follow current procedures, with the following exceptions:
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Do not request the case folder.
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Do not take any action regarding SBC, other than obtaining an SSA-795 regarding the
SBC election choice and auxiliaries’ payments.
Inform the individual that they can come to the United States (U.S.) for a hearing;
or they can have OEIO review their case and issue a decision based on the evidence
of record, which would include any additional evidence submitted in connection with
the reconsideration request. If an individual or representative wishes to appear at
a hearing:
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Find out where in the U.S. the individual wishes to have the hearing held (the individual’s
point-of-entry into the U.S. or their temporary U.S. residence determines the region
where we will schedule the hearing). Since there are no provisions provided for a
DHO to travel, the hearing must be conducted by the regional IDU's DHO.
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Find out when the individual will be in that area; and
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Include the location and time the individual is available in the material forwarded
to OEIO.
Ensure that the individual understands there are no provisions for reimbursing expenses
for travel outside of the U.S.
NOTE: If after entering the U.S., the individual has to travel more than 75 miles (one
way) to attend a hearing, they may request reimbursement for travel expenses incurred
within the U.S. For information about reimbursement of travel expenses to the disability
hearing site, refer to DI 33010.045 Reimbursement for Expenses to Travel to Disability Hearing Site.