20 C.F.R. § 404.917

Disability hearing—disability hearing officer's reconsidered determination

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(a) General. The disability hearing officer who conducts your disability hearing will prepare and will also issue a written reconsidered determination, unless:

(1) The disability hearing officer sends the case back for additional development by the component that prepared the case for the hearing, and that component issues a favorable determination, as permitted by § 404.916(c);

(2) It is determined that you are engaging in substantial gainful activity and that you are therefore not disabled; or

(3) The reconsidered determination prepared by the disability hearing officer is reviewed under § 404.918.

(b) Content. The disability hearing officer's reconsidered determination will give the findings of fact and the reasons for the reconsidered determination. The disability hearing officer must base the reconsidered determination on the preponderance of the evidence offered at the disability hearing or otherwise included in your case file.

(c) Notice. We will mail you and the other parties a notice of reconsidered determination in accordance with § 404.922.

(d) Effect. The disability hearing officer's reconsidered determination, or, if it is changed under § 404.918, the reconsidered determination that is issued by the Associate Commissioner for Disability Determinations or his or her delegate, is binding in accordance with § 404.921, subject to the exceptions specified in that section.

[51 FR 302, Jan. 3, 1986, as amended at 71 FR 10428, Mar. 1, 2006; 73 FR 76943, Dec. 18, 2008]

Notes of Decisions

Cited in 27 cases, 1970–1983 · leading case: Mathews v. Eldridge, 424 U.S. 319 (1976).

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Mathews v. Eldridge, 424 U.S. 319 (1976). · cites it 2× “20 CFR §§ 404.917 , 404.927 (1975). The hearing is nonadversary, and the SSA is not represented by counsel.”

Califano v. Yamasaki, 442 U.S. 682 (1979). “20 CFR, §§ 404.917 , 404.931 (1978). The recipient may seek subsequent review by the Appeals Council, § 404.”

White v. Mathews, 434 F. Supp. 1252 (D. Conn. 1976). · cites it 3× “§ 405 (b) and 20 C.F.R. § 404.917 . Plaintiff’s class was certified by this Court on July 18, 1975.”

Caswell v. Califano, 435 F. Supp. 127 (D. Me. 1977). · cites it 3× “§§ 405 (b), 423, and its implementing regulation, 20 C.F.R. § 404.917 . The complaint sets forth three causes of action against the Secretary: (1) Count I alleges that failure to provide a prompt hearing to challenge the denial of benefits violates 42 U.”

Robert George Drummond & Mildred Pauline Drummond v. Fulton Cnty. Dep't of Fam. & Child.'s Servs., 563 F.2d 1200 (5th Cir. 1977). “20 CFR §§ 404.917 , 404.927 (1975). The hearing is non-adversary, and the SSA is not represented by counsel.”

Steele v. North Dakota Workmen's Comp. Bureau, 273 N.W.2d 692 (N.D. 1978). ““If the recipient seeks reconsideration by the state agency and the determination is adverse, the SSA reviews the reconsideration determination and notifies the recipient of the decision.”

Oscar W. Janka v. Sec'y of Health, Educ. & Welfare, 589 F.2d 365 (8th Cir. 1978). “20 C.F.R. § 404.917 . However, he declined to appear at the hearing and his claim was denied on January 14, 1974, on the basis of the evidence in the record.”

Arlene M. Mattern v. F. David Mathews, Sec'y of Health, Educ. & Welfare, 582 F.2d 248 (3rd Cir. 1978). “Only at that time, after benefits have been reduced, does the claimant have the right to an evidentiary de novo hearing ( 20 C.F.R. § 404.917 ). At the hearing, the beneficiary has the right to introduce oral testimony and to cross-examine witnesses.”

Rena Watters v. Patricia R. Harris, Sec'y of Health, Educ. & Welfare, 656 F.2d 234 (7th Cir. 1980). “§ 405 (b); 20 C.F.R. §§ 404.917 — 404.918a (1979). A discretionary appeal from an adverse determination of the AU lies to the Appeals Council.”

Vito A. Lonzollo v. Caspar W. Weinberger, in His Capacity as Sec'y of the Dep't of Health, Educ. & Welfare, 534 F.2d 712 (7th Cir. 1976). “§ 405 (b) and 20 C.F.R. § 404.917 . On January 18, 1973, a hearing was held before an Administrative Law Judge in Chicago (appellant’s home area).”

Martin J. Giacone v. Richard S. Schweiker, Sec'y of Health & Human Servs., 656 F.2d 1238 (7th Cir. 1981). “20 CFR § 404.917 (1979). Since the Secretary had not made a reconsidered determination of Giacone’s claim, the ALJ treated the request for a hearing as a request for an extension of time to file for a reconsidered determination.”

Goins v. Harris, 487 F. Supp. 1200 (N.D. Iowa 1980). · cites it 2× “See 20 C.F.R. § 404.917 (a)(1), (b), and (c) (1979).”

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