20 C.F.R. § 404.961

Prehearing and posthearing conferences

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The administrative law judge may decide on his or her own, or at the request of any party to the hearing, to hold a prehearing or posthearing conference to facilitate the hearing or the hearing decision. The administrative law judge shall tell the parties of the time, place and purpose of the conference at least seven days before the conference date, unless the parties have indicated in writing that they do not wish to receive a written notice of the conference. At the conference, the administrative law judge may consider matters in addition to those stated in the notice, if the parties consent in writing. A record of the conference will be made. The administrative law judge shall issue an order stating all agreements and actions resulting from the conference. If the parties do not object, the agreements and actions become part of the hearing record and are binding on all parties.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2021 · leading case: Vertullo v. Colvin, 89 F. Supp. 3d 756 (W.D. Pa. 2015).

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Vertullo v. Colvin, 89 F. Supp. 3d 756 (W.D. Pa. 2015). “” 20 C.F.R. § 404.961 . When Appeals Council denies a subsequent request for review of an ALJ’s decision to dismiss a hearing request, that decision remains binding.”

Brewer v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2021). “” 20 C.F.R. § 404.961 . If new evidence is properly submitted to the Appeals Council, “a reviewing court must consider whether that new evidence renders the denial of benefits erroneous.”

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