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. § 404.933

How to request a hearing before an administrative law judge

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(a) Written request. You may request a hearing by filing a written request. You should include in your request—

(1) The name and social security number of the wage earner;

(2) The reasons you disagree with the previous determination or decision;

(3) A statement of additional evidence to be submitted and the date you will submit it; and

(4) The name and address of any designated representative.

(b) When and where to file. The request must be filed—

(1) Within 60 days after the date you receive notice of the previous determination or decision (or within the extended time period if we extend the time as provided in paragraph (c) of this section);

(2) At one of our offices, the Veterans Administration Regional Office in the Philippines, or an office of the Railroad Retirement Board for persons having 10 or more years of service in the railroad industry.

(c) Extension of time to request a hearing. If you have a right to a hearing but do not request one in time, you may ask for more time to make your request. The request for an extension of time must be in writing and it must give the reasons why the request for a hearing was not filed within the stated time period. You may file your request for an extension of time at one of our offices. If you show that you had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, we use the standards explained in § 404.911.

[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986]
Notes of Decisions
Cited in 56 cases (5 in the last 5 years), 1983–2022 · leading case: Bradshaw v. Berryhill, 372 F. Supp. 3d 349 (E.D.N.C. 2019).
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Bradshaw v. Berryhill, 372 F. Supp. 3d 349 (E.D.N.C. 2019). · cites it 2× “" 20 C.F.R. § 404.933 (a) & (a)(2). Given that an ALJ's appointment has no connection to initial determination or a reconsideration of a claim for benefits, this language does not require claimants to raise a constitutional challenge to the ALJ's appointment at the ALJ level.”
In re the Establishment of a Supplemental Needs Trust for Gillette, 195 Misc. 2d 89 (N.Y. Sur. Ct. 2003). “(20 CFR 404.933.) Clearly it would be prejudicial to Social Security to require it to pay SSI retroactively.”
Culclasure v. Comm'r of the Soc. Sec. Admin., 375 F. Supp. 3d 559 (E.D. Pa. 2019). “20 C.F.R. § 404.933 (a)(2). 20 C.F.R. §§ 404.”
Muhammad v. Berryhill, 381 F. Supp. 3d 462 (E.D. Pa. 2019). “2080 ; see also 20 C.F.R. §§ 404.933 (a)(2), 404.939, 404.”
Herman Penner v. Richard Schweiker, Sec'y of Health & Human Servs., 701 F.2d 256 (3rd Cir. 1983). · cites it 2× “930 and 20 C.F.R. 404.933 (1982). 18 There can be no dispute that the Secretary's failure to notify Penner's counsel, rather than Penner himself, has given rise to these extended proceedings.”
Sprouse v. Berryhill, 363 F. Supp. 3d 543 (D.N.J. 2019). “" 20 CFR § 404.933 (a)(2)-(3). Unlike the "plenary review" exercised by the Appeals Council, which might even review portions of a decision with which a claimant agrees, generally "[t]he issues *550 before the administrative law judge include all the issues brought out in the…”
Hall v. Sebelius, 689 F. Supp. 2d 10 (D.D.C. 2009). “He was required to request an administrative hearing in writing within 60 days of receiving that letter, see 20 C.F.R. § 404.933 , which he did. See Am.”
George Dietsch v. Richard Schweiker, as Sec'y of the Dep't of Health & Human Servs., 700 F.2d 865 (2d Cir. 1983). “These include the procedures a claimant must follow to obtain a hearing before an ALJ, 20 C.F.R. § 404.933 , and to obtain Appeals Council review of an ALJ’s adverse determination, 20 C.”
Diane S. P. v. Berryhill, 379 F. Supp. 3d 498 (E.D. Va. 2019). “20 C.F.R. §§ 404.933 (a)(2), 416.1433(a)(3).”
Marilyn Boley v. Carolyn W. Colvin, 761 F.3d 803 (7th Cir. 2014). “20 C.F.R. § 404.933 (b)(1). Boley took about nine months — but she had a reason.”
Mason v. Apfel, 2 F. Supp. 2d 142 (D. Mass. 1998). · cites it 2× “A claimant’s request for an administrative hearing must be made within sixty days from the date of the last determination, 20 C.F.R. § 404.933 (b)(1), although a claimant can seek an extension for good cause.”
Malave v. Sullivan, 777 F. Supp. 247 (S.D.N.Y. 1991). · cites it 2× “Since the request for a hearing was not filed within 60 days of the notice of denial after reconsideration, as required by HHS regulations, 20 C.F.R. § 404.933 , § 416.1433 (1991), the AU dismissed Ma-lave’s request, and the decision on reconsideration became binding.”
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