If OHO mailed a notice of hearing at least 75 days before the date
set for the hearing but does not receive the acknowledgment form at least
30 days before the hearing, OHO staff will attempt to contact the claimant
or appointed representative, if any, for an explanation. Similarly,
if OHO mailed an amended notice of hearing or notice of supplemental
hearing at least 20 days before the hearing date but does not receive
the acknowledgment form at least 10 days before the hearing, OHO staff
will attempt to contact the claimant or appointed representative,
if any, for an explanation. See 20 CFR 404.938(c)
and 416.1438(c).
OHO staff will attempt to contact the claimant or representative,
if any, either by sending a written Reminder to Return Acknowledgment
Form, or by telephone, asking for an explanation and whether
they plan to attend the hearing. See 20 CFR 404.938(c)
and 416.1438(c).
To generate the Reminder to Return Acknowledgement Form, OHO staff
will access the “Notice of Hearing Reminder” template
in the claimant's case in the Hearings and Appeals Case Processing
System (HACPS) or in the Document Generation System (DGS) by selecting
“Notices” and “Notice of Hearing Reminder.” OHO
staff will add a copy of the written reminder to the claim(s) file.
An attempted telephone contact includes calling the claimant
or the representative's telephone number(s) listed in the file at
least twice. OHO staff must verify the identity of the claimant or
representative prior to discussing information about the hearing. See
Program Operation Manual System (POMS) GN 00203.020 for details. If there
is no number in the file or the listed number(s) is inactive or has
a continuous or fast busy signal, OHO staff will check for an updated
telephone number in the following systems:
•
Case Processing and Management System
(CPMS);
•
Personal Communications (PCOM) system;
•
Registration, Appointment and Services for Representatives
(RASR) application (for updated representative contact information);
and
•
Query Check (QCHECK) (which includes Modernized
Development Worksheet (MDW), Full Master Beneficiary Record (FACT),
Supplemental Security Income Display (SSID), and Customer Service Record
(CSR)).
If OHO staff find a different telephone number, they will re-attempt
contact with the claimant or representative, if any. If there is no
telephone number on record and the claimant is unrepresented, OHO staff
will send the claimant the Reminder to Return Acknowledgment Form.
If OHO staff leave a message with an answering machine, voice mail
service, or someone other than the claimant, OHO staff will make one more
attempt to contact the claimant. When leaving messages, OHO staff will
follow the procedures in paragraphs 8 and 9 of the Pre-Hearing
Initial Contact (PHIC) Desk Guide, referenced
in Standard Hearings Operations Procedure (SHOP) 1.4.10,
and leave the following message, asking the claimant to call back
the staff member:
“This is [OHO
EMPLOYEE NAME] from the Social Security Administration, calling for
[CLAIMANT'S NAME]. Please have [CLAIMANT] return my call at [PHONE
NUMBER].”
If OHO staff attempts to contact the
claimant or representative by telephone at any time prior to the date
set for the hearing, staff must document the attempted contact on a form
SSA-5002, Report of Contact (ROC). The ROC must include information on
whether staff made contact with an individual and, if so, the identity
of the person with whom staff spoke and the date and content of the
conversation. OHO staff will associate the ROC with the claim(s)
file.
1. Claimant or Representative Received the Notice of Hearing
If a claimant or appointed representative, if any, verbally informs
OHO staff that they received the notice of hearing and that neither the
claimant nor the representative, if any, plans to attend the scheduled
hearing, OHO staff will document the conversation on a ROC, associate
it with the claim(s) file, and ask them to return the HA-504 confirming
the intent not to appear at the scheduled hearing.
A notice is “received”
if either the claimant or the representative receives it.
If the claimant or representative received the notice of hearing
and does not plan to attend the scheduled hearing but verbally asks to
attend a hearing at another time or place, OHO staff will notify them
that staff must receive the request in writing, pursuant to Hearings,
Appeals and Litigation Law (HALLEX) manual HA 01230.012. OHO staff will memorialize the
conversation with a ROC and associate it with the claim(s) file. The
administrative law judge (ALJ) must consider whether there is good cause
to change the time or place of the hearing, pursuant to HALLEX HA 01230.012 C.
If the ALJ finds good cause, OHO management, through
designated staff, will reschedule the hearing, and OHO staff
will send an amended notice of hearing and Form HA-504. OHO
staff must send the amended notice at least 20 days before
the date of the new hearing. Refer to SHOP section 4.3.1
for mailing guidelines for centrally printed and manually mailed
notices.
OHO management, through designated staff, will select the date
for the new hearing, which must be at least 75 days after the date the
agency first sent the claimant a notice of hearing under HALLEX HA 01230.015, unless the
claimant has waived their right to advance notice. For more information
about when the claimant waives their right to advance notice, see HALLEX
HA 01230.025. OHO staff
may access the appropriate documents in HACPS or in DGS by selecting
“Correspondence,” then “Pre Hearing”
and “PH-36G-Good Cause Found” or “PH37G -
Postponement.”
•
If the ALJ does not find good cause to change the
time or place of the hearing, OHO staff will notify the claimant
and representative, if any, that the ALJ will hold the hearing
as scheduled, and that failure to attend, without good cause,
may result in a dismissal. In the notice, OHO staff must state the
reason(s) the ALJ provided for not finding good cause and associate
the notice with the claim(s) file. If neither the claimant nor the
representative, if any, appears at the time and place set for the
hearing, see the instructions in HALLEX manual HA 01240.025.
2. Claimant or Representative, if any, Did Not Receive the Notice
of Hearing
If the claimant or the appointed representative, if any, states
that they did not receive the notice of hearing, prior to collecting
information, such as updated address information or whether they plan to
attend the hearing, by telephone, staff will read the following Privacy
Act statement to the claimant or representative:
Sections 205 and 1631 of the Social Security Act allow us to collect
this information, which we will use to show that you agreed to appear
at your hearing with an administrative law judge. Providing us this
information is voluntary, but not providing the information may prevent
an accurate and timely decision on your claim. As law permits, we may
disclose, your information per routine uses in System of Records Notices
60-0005, 60-0089, and 60-0320; available at www.ssa.gov/privacy. Your
information may also be used in computer matching programs to establish
or verify eligibility for Federal benefit programs and recoup debts
under these programs.
OHO staff will verify the claimant and/or representative's
address and send a new notice of hearing, which includes the Privacy
Act statement, by certified mail with return receipt requested at least
75 days before the hearing. Refer to SHOP section 4.3.1
for mailing guidelines for centrally printed and manually mailed
notices. Even if the claimant waives their right to advance notice of
hearing, OHO staff will send the notice of hearing. OHO staff will send
any subsequent correspondence in the same manner and retain the return
receipt(s) in the claim(s) file.