C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart J—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions

20 C.F.R. § 404.929

Hearing before an administrative law judge—general

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If you are dissatisfied with one of the determinations or decisions listed in § 404.930, you may request a hearing. Subject to § 404.956, the Deputy Commissioner for Hearings Operations, or their delegate, will appoint an administrative law judge to conduct the hearing. If circumstances warrant, the Deputy Commissioner for Hearings Operations, or their delegate, may assign your case to another administrative law judge. We will schedule you to appear by audio, agency video, online video, or in person as set forth in § 404.936. Audio means telephone or similar audio-based technology in a private location you choose. Agency video means video, with audio functionality, using our equipment in one of our offices. Online video means video, with audio functionality, using a personal electronic device in a private location you choose. When we determine your manner of appearance, we consider the factors described in § 404.936(c)(1)(i) through (ii). You may submit new evidence (subject to the provisions of § 404.935), examine the evidence used in making the determination or decision under review, and present and question witnesses. The administrative law judge who conducts the hearing may ask you questions. The administrative law judge will issue a decision based on the preponderance of the evidence in the hearing record. If you waive your right to appear at the hearing, the administrative law judge will make a decision based on the preponderance of the evidence that is in the file and, subject to the provisions of § 404.935, any new evidence that may have been submitted for consideration.

[89 FR 68360, Aug. 26, 2024]
Notes of Decisions
Cited in 182 cases (79 in the last 5 years), 1979–2026 · leading case: Bowen v. Yuckert
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Bowen v. Yuckert (1987) scotus · cites it 2× “III); 20 CFR §§ 404.929 , 416.1429, 422.201 et seq.”
Karen Lambert v. Andrew Saul (2020) ca9 “…who denied reconsideration. Lambert then requested a hearing before an ALJ. See 20 C.F.R. § 404.929 . At her hearing, Lambert testified that she continues to suffer from rheumatoid arthritis, in addition to a thyroid condition, vision problems, anxiety, and depression. She…”
Coskery v. Berryhill (2018) ca1 “929"> 20 C.F.R. § 404.929 , which was held on August 5, 2015.”
Bowen v. City of New York (1986) scotus “§ 1383 (c)(1); 20 CFR §§404.929 , 416.1429, 422.201 et seq.”
Lisa Probst v. Andrew Saul (2020) ca4 “…If the agency denies benefits, then a claimant may request review by an ALJ. 20 C.F.R. § 404.929 . The regulations provide that when requesting review, the claimant “should include . . . [t]he reasons [the claimant] disagree[s] with the previous determination or decision.”…”
Linda Cash v. Jo Anne B. Barnhart, Commissioner of Social Security (2003) ca11 “§ 405 (b); see also 20 C.F.R. §§ 404.929 , 404.930. However, an ALJ may dismiss a request for a hearing, inter alia, on res judicata grounds.”
Diane S. P. v. Berryhill (2019) vaed · cites it 2× “…url="https://cite.case.law/citations/?q=20%20C.F.R.%20%C2%A7%C2%A7%20404.929"> 20 C.F.R. §§ 404.929 , 404.930, 416.1429, 416.1430. When requesting such a hearing, a claimant must state the reasons she disagrees with the prior determination. <extracted-citation…”
Maxine B. Schmoll v. Patricia R. Harris, Secretary of Health and Human Services (Formerly Secretary of Health, Education (1980) ca7 “20 C.F.R. § 404.929 provides in pertinent part: The presiding officer may examine the witnesses and shall allow the parties or their representatives to do so .”
Bradshaw v. Berryhill (2019) nced “…index="75" url="https://cite.case.law/citations/?q=20%20C.F.R.%20%C2%A7%20404.929"> 20 C.F.R. § 404.929 . The matters listed in § 404.930 focus on initial, revised, and reconsidered decisions made by the Administration, and do not mention constitutional issues. The…”
In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human S (1982) ca7 “Neavear could have appealed the ALJ’s decision, first to an ALJ appointed by the Associate Commissioner for Hearings and Appeals, 20 C.F.R. § 404.929 (1981), then to the Appeals Council within the SSA, 20 C.”
Sinatra v. Heckler (1983) nyed · cites it 2× “That a hearing on a reopened claim is provided for by regulation, 20 C.F.R. §§ 404.929 , .930(a)(4), .”
32 soc.sec.rep.ser. 494, unempl.ins.rep. Cch 15908a Esther Marcus v. Louis v. Sullivan, M.D., Secretary of Health and Hu (1991) ca7 “§ 405 (b)(1); 20 CFR §§ 404.929 , 416.-1429, 422.”
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