20 C.F.R. § 404.946

Issues before an administrative law judge

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(a) General. The issues before the administrative law judge include all the issues brought out in the initial, reconsidered or revised determination that were not decided entirely in your favor. However, if evidence presented before or during the hearing causes the administrative law judge to question a fully favorable determination, he or she will notify you and will consider it an issue at the hearing.

(b) New issues—(1) General. The administrative law judge may consider a new issue at the hearing if he or she notifies you and all the parties about the new issue any time after receiving the hearing request and before mailing notice of the hearing decision. The administrative law judge or any party may raise a new issue; an issue may be raised even though it arose after the request for a hearing and even though it has not been considered in an initial or reconsidered determination. However, it may not be raised if it involves a claim that is within the jurisdiction of a State agency under a Federal-State agreement concerning the determination of disability.

(2) Notice of a new issue. The administrative law judge shall notify you and any other party if he or she will consider any new issue. Notice of the time and place of the hearing on any new issues will be given in the manner described in § 404.938, unless you have indicated in writing that you do not wish to receive the notice.

[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986]

Notes of Decisions

Cited in 32 cases (5 in the last 5 years), 1970–2025 · leading case: Dioguardi v. Comm'r of Soc. Sec., 445 F. Supp. 2d 288 (W.D.N.Y. 2006).

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Dioguardi v. Comm'r of Soc. Sec., 445 F. Supp. 2d 288 (W.D.N.Y. 2006). · cites it 2× “In plaintiff's Request for Review of Hearing Decision dated January 9, 2003, counsel, took issue with the ALJ's decision to review her former favorable decision without giving notice to plaintiff that she would do so.”

Pasco v. Comm'r of Soc. Sec., 137 F. App'x 828 (6th Cir. 2005). · cites it 3× “She relies primarily upon 20 C.F.R. § 404.946 (a), which provides, “The issues before the administrative law judge include all the issues brought out in the initial, reconsidered or revised determination that were not decided entirely in your favor.”

Charles M. McCarthy Jr. v. Kenneth S. Apfel, Comm'r of the Soc. Sec. Admin., 221 F.3d 1119 (9th Cir. 2000). · cites it 3× “McCarthy argues that the ALJ could not *1127 revisit this issue without giving written notice in advance of the hearing, as required by 20 C.F.R. § 404.946 (a). McCarthy’s argument hinges on a misreading of § 404.”

Culclasure v. Comm'r of the Soc. Sec. Admin., 375 F. Supp. 3d 559 (E.D. Pa. 2019). “20 C.F.R. § 404.946 (b). 20 C.F.R. § 404.”

Tennille G. Sheehan v. Sec'y of Health, Educ. & Welfare, 593 F.2d 323 (8th Cir. 1979). · cites it 2× “2 20 C.F.R. §§ 404.946 , .954 (1977). In the absence of review by the Appeals Council the decision of the ALJ is deemed final.”

Bradshaw v. Berryhill, 372 F. Supp. 3d 349 (E.D.N.C. 2019). “" 20 C.F.R. § 404.946 (a). The ALJ may also consider the basis for a fully-favorable decision if the evidence requires it.”

Luis Chico v. Richard Schweiker, Sec'y of Health & Human Servs., 710 F.2d 947 (2d Cir. 1983). “Intermediate determinations of the disability examiner favorable to Chico were put in issue by the ALJ, by means of the notice of hearing, pursuant to 20 C.F.R. § 404.946 .”

Ronald L. BOETTCHER, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 759 F.2d 719 (9th Cir. 1985). “946 (B)(1), which permits an AU to raise any new issue except one that "involves a claim that is within the jurisdiction of a State agency under a Federal-State agreement concerning the determination of disability.” Since a state agency made the initial disability determination,…”

Diane S. P. v. Berryhill, 379 F. Supp. 3d 498 (E.D. Va. 2019). “20 C.F.R. §§ 404.946 (b)(1) (also authorizing an ALJ to consider later identified "new issue[s]," upon notice, prior to mailing notice of the hearing decision), 416.”

Rena Watters v. Patricia R. Harris, Sec'y of Health, Educ. & Welfare, 656 F.2d 234 (7th Cir. 1980). “20 C.F.R. § 404.946 (1976). The regulations also provided that extension of these pertinent periods of limitation might be granted'upon a showing of “good cause,” 20 C.”

Nierzwick v. Comm'r of Soc. Sec., 7 F. App'x 358 (6th Cir. 2001). “This argument is at odds with the plain language of 20 C.F.R. §§ 404.946 (b) and 416.1446(b), which provides in pertinent part as follows: “any party may raise a new issue; an issue may be raised even though it arose after the request for a hearing and even though it has not…”

Bierley v. Comm Soc. Sec., 188 F. App'x 117 (3rd Cir. 2006). “20 C.F.R. § 404.946 (“The issues before the *121 administrative law judge include all the issues brought out in the initial, reconsidered or revised determination that were not decided entirely in your favor.”

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