20 C.F.R. § 416.1417

Disability hearing—disability hearing officer's reconsidered determination

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(a) General. The disability hearing officer who conducts your disability hearing will prepare and will issue a written reconsidered determination, unless:

(1) The disability hearing officer sends the case back for additional development by the component that prepared the case for the hearing, and that component issues a favorable determination, as permitted by § 416.1416(c);

(2) It is determined that you are engaging in substantial gainful activity and that you are therefore not disabled; or

(3) The reconsidered determination prepared by the disability hearing officer is reviewed under § 416.1418.

(b) Content. The disability hearing officer's reconsidered determination will give the findings of fact and the reasons for the reconsidered determination. The disability hearing officer must base the reconsidered determination on the preponderance of the evidence offered at the disability hearing or otherwise included in your case file.

(c) Notice. We will mail you and the other parties a notice of reconsidered determination in accordance with § 416.1422.

(d) Effect. The disability hearing officer's reconsidered determination, or, if it is changed under § 416.1418, the reconsidered determination that is issued by the Associate Commissioner for Disability Determinations or his or her delegate, is binding in accordance with § 416.1421, subject to the exceptions specified in that section.

[51 FR 306, Jan. 3, 1986, as amended at 71 FR 10432, Mar. 1, 2006; 73 FR 76944, Dec. 18, 2008]

Notes of Decisions

Cited in 3 cases, 1974–1975 · leading case: Brown v. Weinberger, 382 F. Supp. 1092 (D. Maryland 1974).

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Brown v. Weinberger, 382 F. Supp. 1092 (D. Maryland 1974). “The defendant’s own regulations, as set forth in 20 C.F.R. § 416.1417 (b) and (c) would appear to meet the Goldberg standards and should be applied to plaintiffs and the members of their class before their benefits may be terminated.”

Buckles v. Weinberger, 398 F. Supp. 931 (E.D. Pa. 1975). “* * * The defendant’s own regulations, as set forth in 20 C.F.R. § 416.1417 (b) and (c) would appear to meet the Goldberg standards and should be applied to plaintiffs and the members of their class before their benefits may be terminated.”

Hannington v. Weinberger, 393 F. Supp. 553 (D.D.C. 1975). “20 C.F.R. §§ 416.1417 , 1419-.1420. Although an initial applicant may proceed to the reconsideration stage if an adverse initial determination is made, the initial applicant is not entitled to benefits pending the reconsideration determination.”

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.