We use the information obtained on
these completed forms to manage the means by which SSA conducts the
hearing before an administrative law judge (ALJ) and the scheduling
of the hearing with the ALJ. SSA will use Form HA-55 as a way for
the claimants to opt-out of an appearance via VTC for their hearing
with the ALJ. If they choose not to make their appearance via video
teleconferencing, they must return the HA-55 to SSA within 30 days
of receiving the notice, prior to SSA scheduling the hearing. The
cover letter for the HA-55, the HA L2 also explains the good cause
stipulation for opting out of a VTC after the 30-day period passes,
and includes the new change for verifying a new residence address
if the claimant moved since submitting the request for hearing. SSA
will then schedule the claimant's appearance via an in-person
hearing, unless we need to schedule a phone teleconference due to
extraordinary circumstances, or the claimant changes residences
while the request for hearing is pending. If the claimant changes
residences, we will retain the right to determine if the claimant
will appear at the hearing via video teleconferencing. SSA conducts
approximately 20 percent of all our hearings via video
teleconferencing. SSA uses Form HA-504 (both versions) to
acknowledge the claimants will appear for their hearing with an
ALJ; establish the time and place of the hearing; and remind
claimants to gather evidence in support of their claim. The
difference between the HA 504 and the HA-504-OP1 is the language
used for the selection checkboxes as determined by the type of
appearance for the hearing (in-person or phone teleconference). SSA
determines which version of the form to use based on where the
claimant lives, and the location of the ALJ and experts involved in
the case. We schedule a claimant's appearance by phone in
extraordinary circumstances when it is not possible to schedule an
appearance in-person or through video teleconferencing. Depending
on the claimant's response, the ALJ will either: 1) prepare for the
hearing as scheduled; or 2) reschedule the hearing for a different
date or location. The cover letter for the HA-504, the HA-L83, will
also explain the claimants' need to notify SSA of their wish to
object to the time and place set for the hearing no later than five
days prior to the hearing or 30 days after they receive the HA 504.
The HA-L83 also explains the good cause stipulation for missing the
deadline for objecting to the time and place of the hearing. In
addition, the HA-L83 will explain to the claimants how to submit in
writing any additional evidence they would like the ALJ to consider
during their hearing, or any objections they have to the issues on
their claim. SSA uses Form HA-510 for the claimant to document that
they waive their right to receive the Notice of Hearing as
specified in the HA-L83 cover letter for the HA-504, Notice of
Hearing. We typically use this form when there is a last minute
available opening on the ALJ's schedule due to a cancellation or
postponement of a hearing. If the claimants agree to fill the time
slot to have their hearings earlier, then the claimants would also
agree to waive the requirement to receive the hearing notice 20
days (or 75 days in Region 1) prior to the scheduled hearing. In
those cases, the claimant fills out Forms HA-510 and HA-504 prior
to the hearing. The respondents are applicants for Social Security
disability payments who request a hearing to appeal an unfavorable
entitlement or eligibility determination. This is a Non-Substantive
Change Request adding regulatory citations and revising the cover
letters, HA-L2 and HA-L83, due to the publication of the NPRM for
Ensuring Program Uniformity at the Hearing and Appeals Council
Levels of the Administrative Review Process, RIN 0960-AH71, 81 FR
45079.
US Code:
42
USC 1383 Name of Law: Social Security Act
US Code: 42
USC 405 Name of Law: Social Security Act
US Code: 42 USC 401, 404, 405, 421, 423,
& 405 Name of Law: Social Security Act
US Code: 42 USC 902, 1381, 1381a, 1383, &1383b Name of Law:
Social Security Act
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form HA-504 Acknowledgement of Receipt (Notice of Hearing) - HA-504 (with teleconferencing)
Justification for the Non-Substantive Changes - 0671.docx
Acknowledgement of Receipt (Notice of Hearing) - HA-504 (with teleconferencing)