I-2-3-15.Notice of Hearing

Last Update: 2/7/14 (Transmittal I-2-103)

A. Content of Notice of Hearing

All notices of hearing must include:

  • The claimant's proper name, applicable Social Security number(s), proper names of expert witnesses, the hearing office (HO) address, and the time and place set for the hearing.

  • A statement informing the claimant if his or her appearance, or that of any other party or witness, is scheduled to be made in person, by video teleconferencing, or by telephone.

  • A statement of the issues to be decided. For instructions on issues to be decided, see Hearings, Appeals, and Litigation Law (HALLEX) manual I-2-2-0.

  • A statement that the claimant has a right to object to those issues.

  • A statement informing the claimant of the right to designate a representative.

  • A statement informing the claimant that reimbursement of travel expenses may be made under certain circumstances.

  • An explanation of the procedures for requesting a change in the time and place of the hearing.

  • A statement that the administrative law judge (ALJ) may dismiss the request for hearing if the claimant fails to appear at the scheduled hearing without “good cause.”

  • A reminder to submit additional evidence as soon as possible for consideration by the ALJ.

  • The claimant's right to request the issuance of a subpoena. For use of subpoenas, see HALLEX I-2-5-78.

  • Any other information about the scheduling and conduct of the hearing that the ALJ believes the claimant should have.

NOTE:

The information provided to the claimant and others about the hearing must be complete, technically correct, and worded in a manner that can easily be understood.

B. Distributing the Notice of Hearing

HO staff must mail the notice of hearing to the claimant and representative, if any, at the last known address at least 20 days before the date set for hearing.

NOTE:

In region 1, the notice of hearing must be sent 75 days before the date set for hearing, unless the claimant agrees to a shorter notice period. See 20 CFR 405.316.

To ensure the notice of hearing is sent to the last known address, HO staff will check the following Personal Communications (PCOM) system queries for updated addresses:

  • the Full Master Beneficiary Record (FACT) for title II cases,

  • the Supplemental Security Income Display (SSID) for title XVI cases,

  • the Modernized Development Worksheet (MDW) for either title,

  • the Customer Service Record (CSR) for either title, and

  • the Prisoner Update Processing System (PUPS) for either title.

NOTE:

In some cases, the HO should check any newly submitted medical evidence for a possible address change.

To reduce the likelihood of a remand from the Appeals Council for an address issue, HO staff will associate any queries obtained in the D section of the file. HO staff must associate a copy of the notice of hearing with the file.