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 hearing is open to the parties and to other persons the administrative law judge considers necessary and proper. At the hearing, the administrative law judge looks fully into the issues, questions you and the other witnesses, and, subject to the provisions of § 416.1435, accepts as evidence any documents that are material to the issues; may stop the hearing temporarily and continue it at a later date if the administrative law judge finds that there is material evidence missing at the hearing or one or more variables outside of our control, such as audio quality or video quality, materially affects the hearing; and may reopen the hearing at any time before the administrative law judge mails a notice of the decision in order to receive new and material evidence. For purposes of this section, materially affects means prevents the hearing from proceeding. The administrative law judge may decide when the evidence will be presented and when the issues will be discussed.
[89 FR 68363, Aug. 26, 2024]
Notes of Decisions
C.M. Higbee v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 975 F.2d 558 (9th Cir. 1992).
“” 20 C.F.R. § 416.1444 . Perhaps a friend, relative or social services provider could provide the missing evidence as to where Higbee lived; perhaps Higbee might be convinced to consult someone he trusted before the new hearing; perhaps Higbee would simply be more cooperative,…”
Lippincott v. Comm'r of Soc. Sec., 982 F. Supp. 2d 358 (D.N.J. 2013).
“) Specifically, Defendant notes the ALJ’s discussion of Lippincott’s prison records as evidence that he considered counsel’s letter brief.”
Stieberger v. Heckler, 615 F. Supp. 1315 (S.D.N.Y. 1985).
“20 C.F.R. § 416.1444 ; Mimms v: Heckler, 750 F.”
Hardaway v. Chater, 21 F. Supp. 2d 1138 (C.D. Cal. 1996).
“" 20 C.F.R. § 416.1444 . The ALJ “may receive evidence at the hearing even though the evidence would not be admissible in court under the rules of evidence used by the court.”
Bousquet v. Apfel, 118 F. Supp. 2d 1049 (C.D. Cal. 2000).
“” 20 C.F.R. § 416.1444 . Perhaps a friend, relative or social services provider could provide the missing evidence as to where Higbee lived; perhaps Higbee might be convinced to consult someone he trusted before the new hearing; perhaps Higbee would simply be more co *1056…”
Roe v. Comm'r of Soc. Sec., 599 F. App'x 651 (9th Cir. 2015).
“Although the ALJ left the record open after the hearing to obtain records from Roe’s current medical providers pursuant to 20 C.F.R. § 416.1444 , those records documented only Roe’s diagnoses and treatment history and did not opine on his ability to work.”
Reid v. Soc. Sec. (M.D. La. 2021).
“The ALJ will conduct an administrative hearing, 20 C.F.R. § 416.1444 , before issuing a written decision, 20 C.”
Joseph v. Soc. Sec. Admin. (N.D. Okla. 2023).
“”); see also 20 C.F.R. § 416.1444 (“A hearing is open to the parties and to other persons the [ALJ] considers necessary and proper.”
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