Last Update: 5/1/2017 (Transmittal I-2-199)
Renumbered from HALLEX section I-2-6-1
As authorized in sections 205(b) and 1631(c) of the Social Security
Act (Act), and as set forth in 20 CFR 404.929 and 416.1429,
if a claimant is dissatisfied with one of the determinations or decisions
listed in 20
CFR 404.930 or 416.1430, he or she may
request a hearing. The Commissioner of Social Security has delegated
to administrative law judges (ALJ) the authority to hold hearings
and issue decisions. See also Hearings, Appeals and Litigation Law
(HALLEX) manual HA 01205.002.
While a claimant must request a hearing
to continue the administrative review process, he or she can also
waive the right to appear at the hearing. See 20 CFR 404.929 and 416.1429.
For more information regarding a waiver of the right to appear at
the hearing, see 20
CFR 404.948(b), 404.950(b), 416.1448(b), 416.1450(b),
and HALLEX HA 01210.082.
See also Social
Security Ruling 79-19, Titles II,
XVI, and XVIII: Waiver of Personal Appearance At A Hearing.
However, even if all parties waive the right to appear at a hearing,
the ALJ may still notify them of the time and place of the hearing
if the ALJ finds that a personal appearance and testimony by a party
to the hearing is necessary to decide the case. For more information,
see 20 CFR
404.950(b), 416.1450(b),
and HALLEX HA 01210.082 A and D.
The Act also requires that the Commissioner provide the claimant
with reasonable notice of a hearing. Requirements for the notice
of hearing are set forth in 20 CFR 404.938 and 416.1438, and
detailed instructions for ALJs and hearing offices can be found
in HALLEX HA 01230.015.
ALJs will conduct administrative hearings in a fair and impartial
manner. As explained in 20 CFR 404.944 and 416.1444,
the ALJ will look fully into the issues, question the claimant and any
witnesses, and accept as evidence any documents that are material
to the issues. Under the same regulations, the hearing is open to
the claimant and to other persons the ALJ considers necessary and
proper.
The ALJ must ensure that the claimant understands how the
ALJ will conduct the hearing, and the general and specific issues
on which findings will be made. To accomplish this goal, ALJ hearings
generally follow the same format, as follows:
•
Presentation of written or oral argument (see HALLEX HA 01260.076);
and