June 8, 2008 by admin

2008. ALJ Actions

2008.1 When may the ALJ dismiss the request for hearing?

The ALJ may dismiss the request for a hearing if:

1. You request it;

2. Neither you nor your representative appears at a scheduled hearing, you have not waived the right to appear, and good cause for not appearing cannot be established;

3. You did not file the request within the time limit and the ALJ does not find there was good cause for missing the time limit;

4. The person requesting the hearing has no right to a hearing;

5. A previous determination or decision was made for the same people, involving the same facts and issues, and that determination has become final;

6. You die and no substitute pursues the request for hearing; or

7. A fully favorable revised reconsideration determination has been made.

2008.2 If the ALJ holds a hearing, what are the possible procedures?

The ALJ may:

1. Hold a hearing and issue a decision;

2. Hold a limited hearing to determine whether there is new and material evidence that would warrant reopening and revision of a prior determination or decision;

3. Send back a case involving a mental impairment for preparation of a standard form required in such cases and a new reconsidered determination under certain circumstances; or

4. Send back a case to the appropriate component of SSA for a revised determination, if there is reason to believe that the revised determination would be fully favorable to you.

Last Revised: Jul. 26, 2005