20 C.F.R. § 416.1430

Availability of a hearing before an administrative law judge

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(a) You or another party may request a hearing before an administrative law judge if we have made—

(1) A reconsidered determination;

(2) A reconsideration of a revised determination of an initial or reconsidered determination that involves a suspension, reduction or termination of benefits;

(3) A revised initial determination or revised reconsidered determination that does not involve a suspension, reduction or termination of benefits; or

(4) A revised decision based on evidence not included in the record on which the prior decision was based.

(b) We will hold a hearing only if you or another party to the hearing file a written request for a hearing.

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 307, Jan. 3, 1986; 73 FR 2416, Jan. 15, 2008; 76 FR 24812, May 3, 2011]
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1982–2024 · leading case: Ja'vonce Warre, on Behalf of E.T. Iv, a Minor Child v. Comm'r of the Soc. Sec. Admin., 439 F.3d 1001 (9th Cir. 2006).
Ja'vonce Warre, on Behalf of E.T. Iv, a Minor Child v. Comm'r of the Soc. Sec. Admin., 439 F.3d 1001 (9th Cir. 2006). “See 20 C.F.R. § 416.1430 (providing for a hearing before an ALJ).”
Chocallo v. Bureau of Hearings & Appeals, SSA, 548 F. Supp. 1349 (E.D. Pa. 1982). · cites it 2× “20 C.F.R. § 416.1430 . Plaintiff has no constitutional right to be exempted from this provision.”
Ibarra v. Martin O'Malley (N.D. Cal. 2023). “25 In response to plaintiff’s December 2020 request for reasonable accommodations, ALJ 26 Lunderman determined that under HALLEX I-2-4-302 and 20 C.F.R. § 416.1430 plaintiff had “no 27 1 right to request a hearing” on this matter.”
Aychillhum v. SSI (S.D. Cal. 2023). “See 20 C.F.R. §§ 416.1430 , 416.1433. 22 Plaintiff has the burden to demonstrate the Court has jurisdiction.”
Reid v. Soc. Sec. (M.D. La. 2021). “); 20 C.F.R. § 416.1430 (a)(1)–(4) (identifying the lower-level decisions subject to ALJ review).”
Fritz v. Kijakazi (D. Neb. 2024). “1429 (explaining that under 20 C.F.R. § 416.1430 , claimant may request a hearing following a decision or determination made, such as a denial after reconsideration).”
Warre v. Comm'r of Soc. Sec. Adm (9th Cir. 2006). “See 20 C.F.R. § 416.1430 (providing for a hearing before an ALJ).”
Big Boy v. Chater, 945 F. Supp. 202 (D.S.D. 1996). “See 20 C.F.R. § 416.1430 . Claimant then filed a timely appeal with the Appeals Council.”
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