I-2-3-25.Waiver of Advance Notice of Hearing

Last Update: 5/1/17 (Transmittal I-2-205)

Typically, an administrative law judge (ALJ) or hearing office (HO) staff must send a notice of hearing to a claimant and appointed representative, if any, at least 75 days before the date of a scheduled hearing. See 20 CFR 404.938(a) and 416.1438(a). See also Hearings, Appeals and Litigation Law (HALLEX) manual I-2-3-15. However, a claimant may indicate, in writing, that he or she does not wish to receive this notice, or in other words, waives the right to advance notice of the hearing.

The claimant may waive the right to advance notice of the hearing on his or her own initiative. Alternatively, when necessary to expedite action on a claim (e.g., schedule a hearing or reschedule a postponed hearing less than 75 days in advance), the ALJ or HO staff may ask the claimant and appointed representative, if any, whether the claimant is willing to waive the right to advance notice of the hearing. If the claimant agrees to a waiver, the ALJ or HO staff must obtain the waiver in writing, either before or at the time of the hearing. If obtained at the time of the hearing, the ALJ or HO staff must obtain the waiver in writing before going on the record, and the ALJ will usually mention the obtaining of a waiver as part of his or her opening statement (see HALLEX I-2-6-52).

The claimant is not required to use any prescribed form to submit such a waiver; any written waiver signed by the claimant is acceptable. However, the Social Security Administration has made available form HA-510, Waiver of Written Notice of Hearing, for these purposes. HO staff can access this form through the Document Generation System by clicking on “Correspondence,” “Pre Hearing” and then accessing “PH Waive Written Notice,” or by clicking on “Notices” and selecting “Waiver of Written Notice of Hearing.”

If the claimant signs and submits a written waiver, the ALJ will add the waiver to the B section of the claim(s) file as part of the record.