2007.Hearing by an Administrative Law Judge (ALJ)

2007.1When can a claimant request a hearing before an ALJ?

A hearing before an ALJ may be requested if:

  1. You disagree with the reconsidered determination;

  2. You show in writing that your rights may be adversely affected by the decision; or

  3. We have made a reconsidered determination or another type of determination that provides the right to a hearing before an ALJ. These are listed in section 404.930 and 416.1430 of SSA's regulations.

2007.2When must the request be made?

You must make a request for a hearing in writing within 60 days after you receive the notice of the determination. (See §2000, §2001, and §2015.)

2007.3What are the procedures at the hearing?

At the hearing you may:

  1. Appear in person with or without a designated representative or by video teleconference;

  2. Testify under oath or affirmation;

  3. Submit new evidence;

    • You must inform us of, or submit to us, any evidence that exists on or before 5 days prior to the hearing, unless there is a reason for missing the deadline.

    • An ALJ will accept the evidence if our action misled you; you had a physical, mental, educational, or linguistic limitation(s) that prevented you from informing us about or submitting the evidence earlier; or, some other unusual, unexpected, or unavoidable circumstance beyond your control prevented you from informing us about or submitting the evidence earlier.

  4. Examine the evidence used in making the determination under review; and

  5. Present and question witnesses. (See §2011.)

2007.4What happens if a claimant waives the right to an oral hearing?

If you waive the right to an oral hearing, the ALJ will ordinarily make a decision based on the evidence already submitted and any additional evidence that you or any other party presented.

2007.5What is the basis for the ALJ's decision?

The ALJ makes a decision on the basis of:

  1. The evidence already submitted;

  2. Any additional evidence you present if the ALJ found you established an accepted reason for missing the submission deadline;

  3. Evidence that is otherwise obtained; and

  4. Any testimony given at the hearing.

Last Revised: Apr. 19, 2017