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. § 404.959

Effect of dismissal of a request for a hearing before an administrative law judge

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The dismissal of a request for a hearing is binding, unless it is vacated by an administrative law judge or the Appeals Council.

[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986]
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1972–2024 · leading case: Hennings v. Heckler, 601 F. Supp. 919 (N.D. Ill. 1985).
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Hennings v. Heckler, 601 F. Supp. 919 (N.D. Ill. 1985). “See 20 C.F.R. § 404.959 (1983). Plaintiff filed her complaint in this court on January 12, 1984.”
Julie Motuzas v. P Andrew Saul, Comm'r, U.S. Soc. Sec. Admin., 2021 DNH 131 (D.N.H. 2021). “See 20 C.F.R. §§ 404.959 , 404.960; see also Hearings, Appeals, and Litigation Law Manual I-3-3-15C.”
Lillian Lasch v. Elliot Richardson, Sec'y of Health, Educ. & Welfare of the United States of Am., 457 F.2d 435 (7th Cir. 1972). · cites it 4× “§ 405 (c) (5) 8 and 20 C.F.R. 404.959 — the inclusion of decedent’s 1962 self-employment income in the HEW records.”
Vertullo v. Colvin, 89 F. Supp. 3d 756 (W.D. Pa. 2015). · cites it 2× “When Appeals Council denies a subsequent request for review of an ALJ’s decision to dismiss a hearing request, that decision remains binding.”
Cooper v. Bowen, 655 F. Supp. 104 (E.D. Pa. 1986). “20 C.F.R. § 404.959 (1986). An administrative law judge or the Appeals Council may vacate any dismissal of a request for hearing if, within sixty days after a claimant receives the dismissal notice, the claimant requests that the dismissal be vacated and shows good cause why the…”
Johnson v. Kijakazi (S.D. Cal. 2024). “See 20 C.F.R. § 404.959 . 4 Accordingly, the Court must determine whether the ALJ’s 2022 decision to dismiss 5 Plaintiff’s request for a hearing based on his non-appearance constitutes a “final 6 decision .”
James v. Berryhill (W.D. Mo. 2019). “” 20 C.F.R. § 404.959 . Neither the ALJ nor the Appeals Council vacated the denial of Plaintiff’s request for a hearing on her disability insurance benefits application.”
Motuzas v. US Soc. Sec. Admin., Comm'r (D.N.H. 2021). “See 20 C.F.R. §§ 404.959 , 404.960; see also Hearings, Appeals, and Litigation Law Manual I-3-3-15C.”
Stevens v. Saul (E.D. Wash. 2021). “, 20 C.F.R. § 404.959 ; 8 Lester, 81 F.3d at 827 (“As a general matter, the Commissioner's refusal to reopen 9 her decision as to an earlier period is not subject to judicial review.”
Garza v. Chater, 891 F. Supp. 464 (N.D. Ill. 1995). “20 C.F.R. §§ 404.959 , 416.1459. If the claimant is given a hearing that results in an unfavorable decision, she may request discretionary review by the Appeals Council.”
Frazzetto v. Chater, 904 F. Supp. 1371 (M.D. Fla. 1995). “20 CFR 404.959. A claimant must follow this procedure whether to appeal an actual determination or for a denial of a request for a hearing.”
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