Continuation of Item 2 of the Supporting Statement for 0960-0710 Regulation Citations

Continuation of Item 2 of the Supporting Statement--0710.doc

Administrative Review Process for Adjudicating Initial Disability Claims Parts 404, 405, 416 and 422

Continuation of Item 2 of the Supporting Statement for 0960-0710 Regulation Citations

OMB: 0960-0710

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Continuation – Item 2 of Supporting Statement for

Administrative Review Process for Adjudicating Disability

20 CFR Parts 404, 405, 416 and 422

OMB Control No. 0960-0710


Section

Requirement

Respondent

404.961, 405.330 & 405.366

Pre- and Post-Hearing Conferences: the claimant may request a pre- and/or post-hearing conference; or the claimant may decline in writing a pre- or post-hearing conference initiated by the ALJ.

Claimant

404.950 & 405.332

Presenting Evidence at Hearing, Subpoenas: the claimant has a right to present evidence at a hearing and to request in writing that a subpoena be issued for witnesses and/or documents including the reasons why these witnesses and/or documents are necessary to the case.

Claimant

404.949 & 405.334

Submitting and Presenting Written/Oral Statement of Case: the claimant or representative may present a written summary of the claimant’s case, or enter written statements about the facts and law material to the case; the claimant may also submit a prehearing statement either in writing or orally.

Claimant

404.957(a) & 405.380(a)

Request to Withdraw Request for Hearing: the claimant or representative may ask to withdraw their request for a hearing either orally or in writing

Claimant

405.381

Right to Ask Decision Review Board to Review Dismissal of Hearing Request if ALJ Does Not Vacate It: the claimant may ask the Decision Review Board to review the dismissal sent by mail from the ALJ if the ALJ does not vacate it.

Claimant

405.382

Right to Ask ALJ in Writing to Vacate a Dismissal of Hearing Request: within 30 days after the date he/she received the notice of dismissal, the claimant may ask the ALJ in writing to vacate the dismissal.

Claimant

405.425(b)

You May Submit a written Statement Within 10 Days of the Date You Receive Notice of the Decision Board’s Review: within 10 days of the date the claimant receives the notice of the Board’s review, he/she may make a written statement of no longer than 2,000 words to explain agreement or disagreement with the ALJ’s decision.

Claimant


Section

Requirement

Respondent

404.982 & 405.505

Extension of Time for Filing Action in Federal District Court: After receiving the decision from the Decision Review Board, the claimant may request an extension for seeking judicial review in a Federal district court. The claimant must make this request in writing and file it with the Board.

Claimant

404.987, 404.988 & 405.601(b)

Reopening, and Conditions For Reopening: either the claimant or the Decision Review Board may reopen a decision within 12 months of the date of the notice of initial determination if there is good cause to reopen the case. The claimant may ask to reopen the case either orally or in writing.

Claimant or Decision Review Board


File Typeapplication/msword
File TitleContinuation – Item 2 of Supporting Statement for
Author177717
Last Modified By177717
File Modified2009-03-16
File Created2009-03-09

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