2008.ALJ Actions

2008.1When may the ALJ dismiss the request for hearing?

The ALJ may dismiss the request for a hearing if:

  1. You request a dismissal in writing or orally on the record at the hearing;

  2. Neither you nor your representative appears at a scheduled hearing, you have not waived the right to appear, and good cause for not appearing cannot be established;

  3. You did not file the request within the time limit and the ALJ does not find there was good cause for missing the time limit;

  4. The person requesting the hearing has no right to a hearing;

  5. A previous determination or decision was made for the same people, involving the same facts and issues, and that determination has become final;

  6. You die and no substitute pursues the request for hearing; or

  7. A fully favorable revised reconsideration determination has been made.

2008.2What actions may an ALJ take on the request for a hearing?

The ALJ may:

  1. Hold a hearing and issue a decision;

  2. Hold a limited hearing to determine whether there is new and material evidence that would warrant reopening and revision of a prior determination or decision;

  3. Send back a case involving a mental impairment for preparation of a standard form required in such cases and a new reconsidered determination under certain circumstances;

  4. Send back a case to the appropriate component of SSA for a revised determination, if there is reason to believe that the revised determination would be fully favorable to you. If the ALJ holds a hearing, it will not be sent back to the DDS for a fully favorable decision; or

  5. Make a fully favorable decision without holding a hearing

Last Revised: Aug. 8, 2011