20 C.F.R. § 416.1413

Reconsideration procedures

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If you request reconsideration, we will give you a chance to present your case. How you can present your case depends upon the issue involved and whether you are asking us to reconsider an initial determination on an application or an initial determination on a suspension, reduction or termination of benefits. The methods of reconsideration include the following:

(a) Case review. We will give you and the other parties to the reconsideration an opportunity to review the evidence in our files and then to present oral and written evidence to us. We will then make a decision based on all of this evidence. The official who reviews the case will make the reconsidered determination.

(b) Informal conference. In addition to following the procedures of a case review, an informal conference allows you and the other parties to the reconsideration an opportunity to present witnesses. A summary record of this proceeding will become part of the case record. The official who conducts the informal conference will make the reconsidered determination.

(c) Formal conference. In addition to following the procedures of an informal conference, a formal conference allows you and the other parties to a reconsideration an opportunity to request us to subpoena adverse witnesses and relevant documents and to cross-examine adverse witnesses. A summary record of this proceeding will become a part of the case record. The official who conducts the formal conference will make the reconsidered determination.

(d) Disability hearing. If you have been receiving supplemental security income benefits because you are blind or disabled and you request reconsideration of an initial or revised determination that, based on medical factors, you are not now blind or disabled, we will give you and the other parties to the reconsideration an opportunity for a disability hearing. (See §§ 416.1414 through 416.1418.)

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 305, Jan. 3, 1986]

Notes of Decisions

Cited in 5 cases, 1983–2020 · leading case: Page v. Schweiker

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Page v. Schweiker (1983) pamd · cites it 3× “That notice gave plaintiff a choice of three courses of action pursuant to 20 C.F.R. § 416.1413 . These are case review, informal conference, or formal conference.”

Bronstein v. Apfel (2001) cod · cites it 3× “See 20 C.F.R. §§ 416.1413 , 416.1413b. If the individual selects one of *1211 the conference options, he or she is entitled to an oral hearing before the SSA official who will make the reconsidered determination.”

Page v. Schweiker (1986) ca3 “See 20 C.F.R. §§ 416.1413 , 416.1415 (1985). In 1982, the Secretary notified plaintiff Helen Page, a recipient of SSI benefits, that she had received an overpayment of $176.”

Christopher Renfro v. Ssa (2020) ca9 “2003) (setting forth elements for mandamus relief and stating that “[i]f a plaintiff has no legal entitlement to the relief sought, a ‘clear and certain’ claim cannot exist, and the writ will not lie”); 20 C.F.R. § 416.1413 (procedures for requesting reconsideration of Social…”

Richter v. Social Security Administration (2019) ned “An SSI beneficiary requesting reconsideration of an overpayment determination will be given the opportunity to review the agency’s files and to present oral and written evidence at a “case review” before an SSA official, but may also present witnesses at an “informal conference”…”

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