20 C.F.R. § 404.914

Disability hearing—general

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(a) Availability. We will provide you with an opportunity for a disability hearing if:

(1) You have been receiving benefits based on a medical impairment that renders you disabled;

(2) We have made an initial or revised determination based on medical factors that you are not now disabled because your impairment:

(i) Has ceased;

(ii) Did not exist; or

(iii) Is no longer disabling; and

(3) You make a timely request for reconsideration of the initial or revised determination.

(b) Scope. The disability hearing will address only the initial or revised determination, based on medical factors, that you are not now disabled. Any other issues which arise in connection with your request for reconsideration will be reviewed in accordance with the reconsideration procedures described in § 404.913(a).

(c) Time and place—(1) General. Either the State agency or the Associate Commissioner for Disability Determinations or his or her delegate, as appropriate, will set the time and place of your disability hearing. We will send you a notice of the time and place of your disability hearing at least 20 days before the date of the hearing. You may be expected to travel to your disability hearing. (See §§ 404.999a-404.999d regarding reimbursement for travel expenses.)

(2) Change of time or place. If you are unable to travel or have some other reason why you cannot attend your disability hearing at the scheduled time or place, you should request at the earliest possible date that the time or place of your hearing be changed. We will change the time or place if there is good cause for doing so under the standards in § 404.936 (c) and (d).

(d) Combined issues. If a disability hearing is available to you under paragraph (a) of this section, and you file a new application for benefits while your request for reconsideration is still pending, we may combine the issues on both claims for the purpose of the disability hearing and issue a combined initial/reconsidered determination which is binding with respect to the common issues on both claims.

(e) Definition. For purposes of the provisions regarding disability hearings (§§ 404.914 through 404.918) we, us or our means the Social Security Administration or the State agency.

[51 FR 300, Jan. 3, 1986, as amended at 51 FR 8808, Mar. 14, 1986; 71 FR 10427, Mar. 1, 2006]

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1969–2026 · leading case: Maria Parker v. Joseph A. Califano, Secretary of Health, Education & Welfare

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Maria Parker v. Joseph A. Califano, Secretary of Health, Education & Welfare (1981) ca6 “909-916 (1980); the hearing, 20 C.F.R. §§ 404.914 — 40 (1980); and Appeals Council Review, 20 C.”

Arlene M. Mattern v. F. David Mathews, Secretary of Health, Education and Welfare (1978) ca3 “If the Secretary adheres to his initial determination after the reconsideration ( 20 C.F.R. § 404.914 ), the claimant is so notified and benefits begin to be withheld.”

Martin J. Giacone v. Richard S. Schweiker, Secretary of Health and Human Services (1981) ca7 “” 20 C.F.R. § 404.914 (1979). After obtaining both an initial and reconsidered determination, the dissatisfied claimant, now breaking into full stride, files for an evidentiary hearing before an administrative law judge.”

James P. Pasquale v. Robert H. Finch, Secretary of Health, Education and Welfare (1969) ca1 “See 20 C.F.R. §§ 404.914 , 404.925-404.930, and 404.”

Adams v. Califano (1979) mdd “20 C.F.R. §§ 404.914 , 416.1415. After the reconsideration decision has been made, a “Notice of reconsidered determination” must be sent to the claimant.”

Mattern v. Weinberger (1974) paed “Following an initial determination that an overpayment has been made and that there is no basis for waiver of recovery, the claimant may obtain reconsideration pursuant to 20 CFR 404.914. Subsequent to a reconsidered determination, an individual may request a hearing de novo…”

Brady v. Apfel (1999) txed “§§ 405 (b), (g); 20 C.F.R. § 404.914 . Having considered this matter de novo, it is rj ORDERED that the magistrate judge’s report and recommendation is ADOPTED and plaintiffs objections are OYER- *663 RULED.”

Adams v. Harris (1981) ca4 “20 CFR §§ 404.914 , *997 416.1415. If the claim is again denied, a Notice of Reconsideration Determination is sent to the claimant, stating the reasons for denial and informing the claimant that he has the right to request a hearing.”

Sharieff v. Shalala (1995) nyed “*106 On April 10, 1992, upon Sharieffs request for an appeal pursuant to 20 C.F.R. § 404.914 , an ALJ held a hearing at which Sharieff testified while represented by counsel.”

Mattern v. Mathews (1977) paed “Following an initial determination that an overpayment has been made and that there is no basis for waiver of recovery, the claimant may obtain reconsideration pursuant to 20 CFR 404.914. Subsequent to a reconsidered determination, an individual may request a hearing de novo…”

Dalton Gary Jr v. Kilolo Kijakazi (2026) lawd · cites it 3× “On the same date, he submitted a typewritten claimant statement waving his right to twenty days’ advance notice of his disability hearing under 20 C.F.R. 404.914. (Id. at p. 177– 78). Thereafter, his disability hearing was rescheduled from July 19th to August 9th.”

Jamison v. Secretary of Health, Education & Welfare (1975) mied “20 CFR § 404.914 directs that a reconsideration be based on the findings of the initial determination.”

Show all 14 citing cases →

— 20 C.F.R. § 404.914(c)(1) — 1 case

Dalton Gary Jr v. Kilolo Kijakazi (2026) lawd “On the same date, he submitted a typewritten claimant statement waving his right to twenty days’ advance notice of his disability hearing under 20 C.F.R. 404.914. (Id. at p. 177– 78). Thereafter, his disability hearing was rescheduled from July 19th to August 9th.”

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