II-5-1-1.Right to a Hearing When Special Earnings Requirements Were Last Met on a Date Earlier Than That Stated in the Notice of Hearing

Appeals Council Interpretation
SUBJECT : Right to a Hearing When Special Earnings Requirements Were Last Met on a Date Earlier Than That Stated in the Notice of Hearing
     
ISSUE : Should the Appeals Council offer the claimant an opportunity for a supplemental hearing when it reviews or reopens an Administrative Law Judge's decision because disability onset was established after insured status expired, and the notice of hearing did not reflect the correct date last insured?
     
DISCUSSION : A favorable Administrative Law Judge's decision based on disability under Title II of the Social Security Act cannot be effectuated if the claimant was not insured for entitlement to a period of disability and disability insurance benefits on the established onset date. The Appeals Council must send an appropriate notice before taking corrective action. If the notice of hearing previously sent to the claimant did not reflect the correct date last insured, the Appeals Council will modify its notice to offer an opportunity for a supplemental hearing on the issue of whether the claimant was under a “disability” on or before the date the earnings requirements were last met.
     
    A right to a hearing under these circumstances exists based on Social Security Administration Regulations at 20 CFR § 404.938 which provide that the notice of hearing before an Administrative Law Judge will contain a statement of the specific issues to be decided, and 20 CFR § 404.939 which provides the claimant an opportunity to object to the issues.
     
INTERPRETATION : When the Appeals Council reviews or reopens a hearing decision on an application for a period of disability and disability insurance benefits because the claimant did not meet the disability insured status requirements on the date of disability onset established by the Administrative Law Judge, and the notice of hearing erroneously included a later date at which the claimant was last “insured,” thereby indicating that disability could be established after the earnings requirements were last met, the Appeals Council will offer the claimant an opportunity for a hearing on the issue of whether the claimant was under a “disability” on or before the date last insured.
     
APPLICATION : The Appeals Council will apply this interpretation in all cases that come before it involving the same issue.
     
EFFECTIVE DATE : March 17, 1978
     
CROSS-REFERENCE : 20 CFR §§ 404.938 and 404.939; HALLEX I-3-9-34.