20 C.F.R. § 404.948

Deciding a case without an oral hearing before an administrative law judge

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(a) Decision fully favorable. If the evidence in the hearing record supports a finding in favor of you and all the parties on every issue, the administrative law judge may issue a hearing decision based on a preponderance of the evidence without holding an oral hearing. The notice of the decision will state that you have the right to an oral hearing and to examine the evidence on which the administrative law judge based the decision.

(b) Parties do not wish to appear. (1) The administrative law judge may decide a case on the record and not conduct an oral hearing if—

(i) You and all the parties indicate in writing that you do not wish to appear before the administrative law judge at an oral hearing; or

(ii) You live outside the United States, you do not inform us that you wish to appear, and there are no other parties who wish to appear.

(2) When an oral hearing is not held, the administrative law judge shall make a record of the material evidence. The record will include the applications, written statements, certificates, reports, affidavits, and other documents that were used in making the determination under review and any additional evidence you or any other party to the hearing present in writing. The decision of the administrative law judge must be based on this record.

(c) Case remanded for a revised determination. (1) The administrative law judge may remand a case to the appropriate component of our office for a revised determination if there is reason to believe that the revised determination would be fully favorable to you. This could happen if the administrative law judge receives new and material evidence or if there is a change in the law that permits the favorable determination.

(2) Unless you request the remand, the administrative law judge shall notify you that your case has been remanded and tell you that if you object, you must notify him or her of your objections within 10 days of the date the case is remanded or we will assume that you agree to the remand. If you object to the remand, the administrative law judge will consider the objection and rule on it in writing.

[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986; 73 FR 76944, Dec. 18, 2008; 75 FR 33168, June 11, 2010; 76 FR 65370, Oct. 21, 2011]

Notes of Decisions

Cited in 14 cases (6 in the last 5 years), 1974–2026 · leading case: Ray MARSHALL, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee

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Ray MARSHALL, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee (1996) ca10 “See 20 C.F.R. § 404.948 (c). Even if section 404.”

Betancourt v. Astrue (2011) mad · cites it 2× “Defendant also argues that, given what is revealed in the record, the ALJ was merely trying to determine if Plaintiffs case could be resolved without a hearing, an approach Defendant asserts is permissible pursuant to 20 C.F.R. § 404.948 . That regulation, however, simply states…”

Congdon v. Educational Credit Management Corp. (In Re Congdon) (2007) vtb “§§ 405 (b), (c), (g), 416(h), (i), 20 C.F.”

Hatcher v. Commissioner of Social Security (2011) prd “See 20 C.F.R. § 404.948 (b). (Tr. at 17.) The final decision was issued on January 7, 2008.”

Aversa v. Secretary of Health & Human Services (1987) njd “20 C.F.R. § 404.948 sets forth the circumstances where it is appropriate for the AU to issue a hearing decision without holding a hearing: If the evidence in the hearing record supports a finding in favor of you and all the parties on every issue, the administrative law judge…”

Teschner v. Weinberger (1975) wied “Legal argument can be submitted either in written, 20 C.F.R. § 404.948 , or in oral form, 20 C.”

Wysocki v. Sullivan (1991) cacd · cites it 6× “The ALJ rendered this decision pursuant to 20 C.F.R. § 404.948 (a), which provides: “If the evidence in the hearing record supports a finding in favor of you and all the parties on every issue, the administrative law judge may issue a hearing decision without holding an oral…”

Brandon v. O'Malley (2024) akd · cites it 3× “61 On April 14, 2022, and again on June 28, 2022, Plaintiff filed a waiver of her right to a hearing before an ALJ. She also requested “a determination made based on the medical records already in her file.”

Dalton Gary Jr v. Kilolo Kijakazi (2026) lawd · cites it 2× “As noted by the ALJ, Gary waived his right to appear at the hearing, which rendered the ALJ’s consideration of the claim as one conducted solely on the record pursuant to 20 C.F.R. 404.948. (Rec. Doc. 5-1 at pp. 15, 200).”

Rodriguez v. Commissioner of Social Security (2022) nynd “Ultimately, Plaintiff voluntarily waived in writing her right to personally appear and testify at a hearing, and the Administrate Law Judge ("ALJ") issued a decision pursuant to the provisions of 20 C.F.R. §§ 404.948 (b) and 416.1448(b).”

Wickizer v. Commissioner Social Security Administration (2025) ord “, 20 C.F.R. §§ 404.948 (b)(i), 416.1448(b)(i) (the ALJ “may decide a case on the record and not conduct an oral hearing if you and all parties indicate in writing that you do not wish to appear before the ALJ at a hearing.”

Galvez v. Bisignano (2025) ca9 “See 20 C.F.R. § 404.948(b). 16 GALVEZ V. BISIGNANO Of course, consistent with Cody, district courts must be alert to similar or identical language in the subsequent opinion that may signal a lack of independence.”

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— 20 C.F.R. § 404.948(b) — 2 cases

Dalton Gary Jr v. Kilolo Kijakazi (2026) lawd “As noted by the ALJ, Gary waived his right to appear at the hearing, which rendered the ALJ’s consideration of the claim as one conducted solely on the record pursuant to 20 C.F.R. 404.948. (Rec. Doc. 5-1 at pp. 15, 200).”

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