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
(a) Written request. You may request a hearing by filing a written request. You should include in your request—
(1) Your name and social security number;
(2) The name and social security number of your spouse, if any;
(3) The reasons you disagree with the previous determination or decision;
(4) A statement of additional evidence to be submitted and the date you will submit it; and
(5) The name and address of any designated representative.
(b) When and where to file. The request must be filed at one of our offices within 60 days after the date you receive notice of the previous determination or decision (or within the extended time period if we extend the time as provided in paragraph (c) of this section).
(c) Extension of time to request a hearing. If you have a right to a hearing but do not request one in time, you may ask for more time to make your request. The request for an extension of time must be in writing and it must give the reasons why the request for a hearing was not filed within the stated time period. You may file your request for an extension of time at one of our offices. If you show that you had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, we use the standards explained in § 416.1411.
[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 307, Jan. 3, 1986]
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1983–2025 · leading case:
Maiden v. Barnhart, 450 F. Supp. 2d 1 (D.D.C. 2006).
Maiden v. Barnhart, 450 F. Supp. 2d 1 (D.D.C. 2006).
· cites it 3× “) Because plaintiffs request was untimely, the SSA treated plaintiffs request as a request for an extension of time to request a hearing as provided by 20 C.F.R. § 416.1433 . 1 Accordingly, the ALJ held a hearing to determine if plaintiff had good cause for failing to submit a…”
Burbage v. Schweiker, 559 F. Supp. 1371 (N.D. Cal. 1983).
· cites it 2× “Although the regulations promulgated by the Secretary permit the ALJ to allow an extension of the 60-day period upon a showing of good cause, 20 C.F.R. § 416.1433 (c), on April 30, 1982, the ALJ dismissed plaintiff’s Request for Hearing due to untimely filing.”
Banks v. Chater, 949 F. Supp. 264 (D.N.J. 1996).
· cites it 3× “The SSA itself recognizes the need for a different approach to a claimant’s filing of notice with the SSA versus the SSA’s mailing of a notice of determination to a claimant.”
Ford v. Shalala, 87 F. Supp. 2d 163 (E.D.N.Y 1999).
“See 20 C.F.R. § 416.1433 . SSI claimants are entitled to “reasonable” notice.”
Vicky Harris v. Comm'r of Soc. Sec. (6th Cir. 2020).
· cites it 3× “at 17 (citing 20 C.F.R. § 416.1433 (a)(3)). But, that regulation governs how a claimant requests an initial hearing before an ALJ, so its statement that a claimant “should” include in her request “the reasons [she] disagree[s] with the previous determination or decision”…”
Amanda Craven v. Kilolo Kijakazi (7th Cir. 2021).
“See 20 C.F.R. § 416.1433 (c). The ALJ considered her assertion that she never received the notices mailed to her home in Florida.”
Anderson v. Berryhill (D. Minnesota 2018).
“In closing, the Court notes that, under the regulations, the Commissioner has the discretion to grant an extension of time to request a hearing if the claimant requests an extension in writing and shows good cause for missing the deadline.”
Montes v. Berryhill (S.D.N.Y. 2020).
“3d at 544 (citing 20 C.F.R. § 416.1433 (a)(3)); see also 20 C.”
Morales v. Kijakazi (W.D. Tex. 2024).
“The regulations provide that the claimant must identify “[t]he reasons [she] disagree[s] with the previous determination or decision,” 20 C.F.R. § 416.1433 (a)(3), and the ALJ provides notice of the “specific issues to be decided in [the party's] case.”
Burns v. Heckler, 619 F. Supp. 355 (N.D. Ill. 1985).
· cites it 2× “§ 1383 (c)(1); 20 C.F.R. § 416.1433 (b) (1985). Plaintiff avers that, sometime in the autumn of 1982 after he applied for S.”
Garza v. Chater, 891 F. Supp. 464 (N.D. Ill. 1995).
“143, 145-146, 159, 162-163) Then, on June 23, 1994, the ALJ issued a decision to dismiss the request for hearing- or, in this ease, the continuance of the hearing-based on plaintiffs inability to establish “good cause” for filing the hearing request beyond the sixty-day statute…”
— 20 C.F.R. § 416.1433(b) — 1 case
Banks v. Chater, 949 F. Supp. 264 (D.N.J. 1996).
“The SSA itself recognizes the need for a different approach to a claimant’s filing of notice with the SSA versus the SSA’s mailing of a notice of determination to a claimant.”
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