Last Update: 8/3/17 (Transmittal I-2-210)
A. When a Determination May Be Revised
Occasionally, after a claimant files a request for hearing (RH) but before an administrative law judge (ALJ) holds a hearing, the component that issued the determination the claimant appealed may issue a revised determination. See Program Operations Manual System DI 27501.005B.5. for more information regarding when a revised determination is required.
Usually, a revised determination for cases at the hearing level is the result of a prehearing case review by the issuing component. For a description of these reviews, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-5-10.
B. When to Dismiss an RH
1. Revised Determination Is Fully Favorable
If the issuing component revises the determination based on its prehearing case review, it will mail written notice of the revised determination and the basis for it to all parties to the hearing at the last known address(es). See 20 CFR 404.941(c) and 416.1441(c), and HALLEX I-2-1-45. Pursuant to 20 CFR 404.941(d) and 416.1441(d), the notice of the revised determination will advise the claimant that: (1) the ALJ will dismiss the RH; and (2) any party to the hearing may request that the ALJ vacate the dismissal and reinstate the RH.
If any party to the hearing wishes to reinstate the RH, he or she must notify the ALJ, in writing, within 60 days of receipt of the notice of dismissal. See 20 CFR 404.941(d) and 416.1441(d). If the request is timely, the ALJ will vacate the dismissal, reinstate the RH, and offer all parties to the hearing an opportunity for a hearing. If the request is not timely, the ALJ will extend the time limit if the party to the hearing shows that he or she had good cause for missing the deadline. The ALJ will use the standards in 20 CFR 404.911 and 416.1411 to evaluate good cause.
2. Revised Determination Is Partially Favorable
If the revised determination would be partially favorable, the issuing component will notify all parties to the hearing of the proposed action and clearly explain that the agency will continue to process the RH unless all parties agree to a dismissal of the RH. If any party does not agree to a dismissal of the RH, the ALJ must proceed with the actions necessary to complete the record and issue a decision.
If all parties to the hearing, or an appointed representative, if any, submit a written request to withdraw the RH in order to effectuate the proposed action, the ALJ will issue an order dismissing the RH. For more information about dismissal at a party's request, see HALLEX I-2-4-20.
The regulations do not provide for revised determinations that would be unfavorable. If the revised determination would be unfavorable, the parties to the hearing will be notified the agency will continue to process the RH.
C. Notifying Other Components of Dismissal
When the ALJ dismisses an RH due to a revised determination, the HO must notify the issuing component of the dismissal.
D. Receipt of Fee Petition When RH Dismissed for Revised Determination
If the HO receives a fee petition when another component issued a revised determination and the ALJ dismissed the RH, the HO will send the fee petition to the issuing component for processing.