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. § 404.953

The decision of an administrative law judge

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. The administrative law judge shall issue a written decision that gives the findings of fact and the reasons for the decision. The administrative law judge must base the decision on the preponderance of the evidence offered at the hearing or otherwise included in the record. The administrative law judge shall mail a copy of the decision to all the parties at their last known address. The Appeals Council may also receive a copy of the decision.

(b) Fully favorable oral decision entered into the record at the hearing. The administrative law judge may enter a fully favorable oral decision based on the preponderance of the evidence into the record of the hearing proceedings. If the administrative law judge enters a fully favorable oral decision into the record of the hearing proceedings, the administrative law judge may issue a written decision that incorporates the oral decision by reference. The administrative law judge may use this procedure only in those categories of cases that we identify in advance. The administrative law judge may only use this procedure in those cases where the administrative law judge determines that no changes are required in the findings of fact or the reasons for the decision as stated at the hearing. If a fully favorable decision is entered into the record at the hearing, the administrative law judge will also include in the record, as an exhibit entered into the record at the hearing, a document that sets forth the key data, findings of fact, and narrative rationale for the decision. If the decision incorporates by reference the findings and the reasons stated in an oral decision at the hearing, the parties shall also be provided, upon written request, a record of the oral decision.

(c) Recommended decision. Although an administrative law judge will usually make a decision, the administrative law judge may send the case to the Appeals Council with a recommended decision based on a preponderance of the evidence when appropriate. The administrative law judge will mail a copy of the recommended decision to the parties at their last known addresses and send the recommended decision to the Appeals Council.

[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986; 54 FR 37792, Sept. 13, 1989; 69 FR 61597, Oct. 20, 2004; 73 FR 76944, Dec. 18, 2008; 75 FR 33168, June 11, 2010]
Notes of Decisions
Cited in 99 cases (41 in the last 5 years), 1974–2026 · leading case: Diana Phillips v. Michael J. Astrue
Sort: Relevance Newest Treatment
Diana Phillips v. Michael J. Astrue (2012) ca8 · cites it 3× “”) (internal quotation marks and citation omitted); see also 20 C.F.R. § 404.953 (a) (“The administrative law judge shall issue a written decision that gives the findings of fact and the reasons for the decision.”
Alice Gedatus v. Andrew Saul (2021) ca7 “But see 20 C.F.R. § 404.953 (requiring ALJ’s to issue written decisions and allowing oral decisions only in limited circumstances).”
Sharon Earley v. Comm'r of Soc. Sec. (2018) ca6 “953"> 20 C.F.R. § 404.953 (a), and on review whether substantial evidence supports that finding, <extracted-citation index="18" url="https://cite.”
Bowie v. Commissioner of Social SEC. (2008) ca6 · cites it 2× “Apfel">Daniels rests with 20 C.F.R. § 404.953 , which requires that "[t]he administrative law judge shall issue a written decision that gives the findings of fact and the reasons for the decision.”
Clifford FLATFORD, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee (1996) ca6 · cites it 3× “As stated above, 20 C.F.R. § 404.953 (a) provides that “the administrative law judge shall issue a written decision that gives the findings of fact and the reasons for the decision.”
William Ludwig v. Michael Astrue (2012) ca9 “§ 405 (b)(1) (providing that if a hearing is held, the Commissioner of Social Security “shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse the Commissioner’s findings of fact and [initial disability] decision”) (emphasis added); 20 C.F.R. §…”
Danny CLIFTON, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee (1996) ca10 “1986) (relying upon 20 C.F.R. 404.953 and 5 U.S.C. 557(c)[ (3)(A) ] to hold that an ALJ must explain his adverse decisions).”
Wiley E. JONES, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Appellee (1995) ca8 · cites it 2× “See 20 C.F.R. § 404.953 (ALJ decision must fully state reasons for denying the claim).”
Rene Martinez v. Kilolo Kijakazi (2023) ca7 “20 C.F.R § 404.953(a).2 “We review de novo the district court’s judgment affirm- ing the Commissioner’s final decision, meaning we review the ALJ’s decision directly.”
Martin J. Giacone v. Richard S. Schweiker, Secretary of Health and Human Services (1981) ca7 · cites it 2× “…to demonstrate “good cause” for the filing of a tardy request for reconsideration. 20 CFR § 404.953 — 404.954a (1979). Giacone, an elderly man with an eighth grade education, who pursued his claim through the administrative process without benefit of counsel, was not…”
Rose E. Brown v. Otis R. Bowen, Secretary, Department of Health and Human Services (1986) cadc “§ 557 (c); 20 C.F.R. § 404.953 (a). The judiciary can scarcely perform its assigned review function, limited though it is, without some indication not only of what evidence was credited, but also whether other evidence was rejected rather than simply ignored.”
Bettie Jo Cherry v. Margaret M. Heckler, Secretary of Health and Human Services (1985) ca11 “§ 405 (b)(1); 20 C.F.R. § 404.953 ; Cowart v.”
Show all 99 citing cases →
— 20 C.F.R. § 404.953(a) — 6 cases
Clifford FLATFORD, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee (1996) ca6 “As stated above, 20 C.F.R. § 404.953 (a) provides that “the administrative law judge shall issue a written decision that gives the findings of fact and the reasons for the decision.”
Rene Martinez v. Kilolo Kijakazi (2023) ca7 “20 C.F.R § 404.953(a).2 “We review de novo the district court’s judgment affirm- ing the Commissioner’s final decision, meaning we review the ALJ’s decision directly.”
DaSilva-Santos v. Astrue (2009) mad
Ottis L. Green v. Donna E. Shalala, Secretary of Health and Human Services (1994) ca10
Geary v. O'Malley (2024) ilnd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.