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. § 404.930

Availability of a hearing before an administrative law judge

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(a) You or another party may request a hearing before an administrative law judge if we have made—

(1) A reconsidered determination;

(2) A revised determination of an initial determination, unless the revised determination concerns the issue of whether, based on medical factors, you are disabled;

(3) A reconsideration of a revised initial determination concerning the issue of whether, based on medical factors, you are disabled;

(4) A revised reconsidered determination;

(5) A revised decision based on evidence not included in the record on which the prior decision was based;

(6) An initial determination denying waiver of adjustment or recovery of an overpayment based on a personal conference (see § 404.506); or

(7) An initial determination denying waiver of adjustment or recovery of an overpayment based on a review of the written evidence of record (see § 404.506), and the determination was made concurrent with, or subsequent to, our reconsideration determination regarding the underlying overpayment but before an administrative law judge holds a hearing.

(b) We will hold a hearing only if you or another party to the hearing file a written request for a hearing.

[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986; 61 FR 56132, Oct. 31, 1996; 73 FR 2415, Jan. 15, 2008; 76 FR 24806, May 3, 2011]
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1983–2023 · leading case: Muhammad v. Berryhill, 381 F. Supp. 3d 462 (E.D. Pa. 2019).
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Muhammad v. Berryhill, 381 F. Supp. 3d 462 (E.D. Pa. 2019). “See 20 C.F.R. § 404.930 (b). The claimant must state the reasons he disagrees with the previous determination or decision.”
Herman Penner v. Richard Schweiker, Sec'y of Health & Human Servs., 701 F.2d 256 (3rd Cir. 1983). · cites it 2× “IV 1980) and the regulations 20 C.F.R. 404.930 and 20 C.F.R. 404.933 (1982).”
Shernita LUCAS, Plaintiff-Appellant, v. Louis W. SULLIVAN, Sec'y of the U.S. Dept. of Health & Human Servs., Defendant-Appellee, 918 F.2d 1567 (11th Cir. 1990). “In concluding that her seizure impairment did not meet the criteria under section 11.-02 or 11.”
Clifford FLATFORD, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 93 F.3d 1296 (6th Cir. 1996). “According 20 C.F.R. § 404.930 , a hearing before an administrative law judge is available before an only after a claimant has received an initial determination regarding his or her claim (usually unfavorable) and the Commissioner has taken one of the following actions regarding…”
Carlos Bello v. Comm'r of Soc. Sec., 460 F. App'x 837 (11th Cir. 2012). “903(i) and 20 CFR 404.930).” D. District Court Proceedings Bello’s complaint seeks judicial review of the Commissioner’s decision and a retroactive award of benefits.”
Grice v. Colvin, 97 F. Supp. 3d 684 (D. Maryland 2015). “See 20 C.F.R. § 404.930 (a). After that, the appeals process is the same process (administrative law judge, Appeals Council, federal court) described above.”
Rivera v. Heckler, 568 F. Supp. 235 (D.N.J. 1983). “§ 421 (d); 20 C.F.R. §§ 404.930 , 416.1429. The ALJ’s decision may be appealed to the Social Security Administration (SSA) Appeals Council, 20 C.”
Smith v. Schweiker, 709 F.2d 777 (2d Cir. 1983). “§ 421 (d); 20 C.F.R. §§ 404.930 , 416.1429 (1982). The claimant may seek yet a fourth review of an adverse decision before the Social Security Administration’s Appeals Council, 20 C.”
Dawson v. Sullivan, 136 F.R.D. 621 (S.D. Ohio 1991). “20 C.F.R. § 404.930 . After the hearing, the administrative law judge is required to issue a written decision that gives the findings of fact and the reasons for the decision.”
Bernstein ex rel. Bernstein v. Shalala, 864 F. Supp. 300 (E.D.N.Y 1994). · cites it 3× “Feiner, Administrative Law Judge of the Department of Health and Human Services, Office of Hearings and Appeals, citing 20 C.F.R. § 404.930 (a) which does not provide a right to a hearing unless a reconsideration determination has been rendered on the matter in issue and 20 C.”
Weiss v. Sec'y of the United States Dep't of Health & Human Servs., 859 F. Supp. 58 (E.D.N.Y 1994). · cites it 2× “Accordingly, an administrative law judge may dismiss a request for a hearing when the claimant has no right to a hearing under 20 C.F.R. § 404.930 (a) because a reconsidered determination has not been made.”
Long v. Comm'r of Soc. Sec., 375 F. Supp. 2d 674 (W.D. Tenn. 2005). “20 C.F.R. § 404.930 (b). The evidence here indicated that plaintiffs doctors repeatedly instructed him to stop smoking, but plaintiff continued to smoke despite those warnings.”
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