20 C.F.R. § 404.915

Disability hearing—disability hearing officers

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(a) General. Your disability hearing will be conducted by a disability hearing officer who was not involved in making the determination you are appealing. The disability hearing officer will be an experienced disability examiner, regardless of whether he or she is appointed by a State agency or by the Associate Commissioner for Disability Determinations or his or her delegate, as described in paragraphs (b) and (c) of this section.

(b) State agency hearing officers—(1) Appointment of State agency hearing officers. If a State agency made the initial or revised determination that you are appealing, the disability hearing officer who conducts your disability hearing may be appointed by a State agency. If the disability hearing officer is appointed by a State agency, that individual will be employed by an adjudicatory unit of the State agency other than the adjudicatory unit which made the determination you are appealing.

(2) State agency defined. For purposes of this subpart, State agency means the adjudicatory component in the State which issues disability determinations.

(c) Federal hearing officers. The disability hearing officer who conducts your disability hearing will be appointed by the Associate Commissioner for Disability Determinations or his or her delegate if:

(1) A component of our office other than a State agency made the determination you are appealing; or

(2) The State agency does not appoint a disability hearing officer to conduct your disability hearing under paragraph (b) of this section.

[51 FR 301, Jan. 3, 1986, as amended at 71 FR 10428, Mar. 1, 2006]

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1972–2022 · leading case: Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979).

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Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979). · cites it 2× “Those regulations are found at 20 C.F.R. § 404.915 and § 416.1422 (quoted at p.”

Adams v. Harris, 643 F.2d 995 (4th Cir. 1981). · cites it 3× “20 CFR §§ 404.915 , 416.1422. The reasons provided in the notice are stated in stock paragraphs which provide standardized reasons for denial.”

Mills v. Richardson, 464 F.2d 995 (2d Cir. 1972). “If that should be adverse, a claimant may request an evidentiary hearing before an examiner, 20 C.F.R. §§ 404.915 , 404.917, *1000 with review by the Appeals Council, 20 C.”

Whitelock v. Califano, 451 F. Supp. 541 (E.D. Pa. 1978). “Each of the reconsideration determinations, 20 C.F.R. § 404.915 , informed the claimant of the right to request a hearing pursuant to 20 C.”

Hunter v. Kijakazi (D. Minnesota 2022). “20 C.F.R. § 404.915 (a); see 20 C.F.R. §§ 404.”

Chong Su Yi v. Soc. Sec. Admin., 80 F. Supp. 3d 666 (D. Maryland 2015). “See 20 C.F.R. § 404.915 (a). . To the extent that it can be definitively established that Yi’s SSI’s benefits were reinstated, that aspect of his Complaint would be moot.”

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