C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart N—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions

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 v. Comm'r of the Soc. Sec. Admin., 439 F.3d 1001 (9th Cir. 2006).
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Ja'vonce Warre 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, No. 3:23-cv-01037 (N.D. Cal. Oct. 18, 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, No. 3:23-cv-01341 (S.D. Cal. Dec. 18, 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., No. 3:19-cv-00742 (M.D. La. Mar. 31, 2021). “); 20 C.F.R. § 416.1430 (a)(1)–(4) (identifying the lower-level decisions subject to ALJ review).”
Fritz v. Kijakazi, No. 8:23-cv-00272 (D. Neb. May 7, 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, No. 04-35778 (9th Cir. Feb. 16, 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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