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. § 416.1448

Deciding a case without an oral hearing before an administrative law judge

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(a) Decision fully favorable. If the evidence in the hearing record supports a finding in favor of you and all the parties on every issue, the administrative law judge may issue a hearing decision based on a preponderance of the evidence without holding an oral hearing. The notice of the decision will state that you have the right to an oral hearing and to examine the evidence on which the administrative law judge based the decision.

(b) Parties do not wish to appear. (1) The administrative law judge may decide a case on the record and not conduct an oral hearing if—

(i) You and all the parties indicate in writing that you do not wish to appear before the administrative law judge at an oral hearing; or

(ii) You live outside the United States, you do not inform us that you wish to appear, and there are no other parties who wish to appear.

(2) When an oral hearing is not held, the administrative law judge shall make a record of the material evidence. The record will include the applications, written statements, certificates, reports, affidavits, and other documents which were used in making the determination under review and any additional evidence you or any other party to the hearing present in writing. The decision of the administrative law judge must be based on this record.

(c) Case remanded for a revised determination. (1) The administrative law judge may remand a case to the appropriate component of our office for a revised determination if there is reason to believe that the revised determination would be fully favorable to you. This could happen if the administrative law judge receives new and material evidence or if there is a change in the law that permits the favorable determination.

(2) Unless you request the remand the administrative law judge shall notify you that your case has been remanded and tell you that if you object, you must notify him or her of your objections within 10 days of the date the case is remanded or we will assume that you agree to the remand. If you object to the remand, the administrative law judge will consider the objection and rule on it in writing.

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 307, Jan. 3, 1986; 73 FR 76945, Dec. 18, 2008; 75 FR 33169, June 11, 2010; 76 FR 65371, Oct. 21, 2011]
Notes of Decisions
Cited in 3 cases, 2020–2020 · leading case: Irvin v. Comm'r of Soc. Sec. (N.D.N.Y. 2020).
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Irvin v. Comm'r of Soc. Sec. (N.D.N.Y. 2020). · cites it 2× “The ALJ issued her decision pursuant to 20 C.F.R. § 416.1448 (b), which permits an ALJ to issue a decision without a 4| hearing where the claimant “do[es] not wish to appear,” and either: (1) the parties “indicate in writing” that the claimant does not want to testify; or (2)…”
Javier Antonio Gonzales v. Andrew Saul (C.D. Cal. 2020). “20 C.F.R. § 416.1448 (c)(1). It 20 21 Plaintiff stated at the August 14, 2018 hearing that he suffers from constant low back 21 pain (AR 57-58); a left knee ACL injury (AR 58); elbow tendinitis with hand numbness (AR 61); and shoulder problems, including surgery in 2010 on his…”
White v. Comm'r of Soc. Sec. (S.D. Ohio 2020). “PageID 159-61; see also 20 C.F.R. § 416.1448 (a) (“If the evidence in the hearing record supports a finding in favor of you and all the parties on every issue, the administrative law judge may issue a hearing decision based on a preponderance of the evidence without holding an…”
— 20 C.F.R. § 416.1448(b) — 1 case
Irvin v. Comm'r of Soc. Sec. (N.D.N.Y. 2020). “The ALJ issued her decision pursuant to 20 C.F.R. § 416.1448 (b), which permits an ALJ to issue a decision without a 4| hearing where the claimant “do[es] not wish to appear,” and either: (1) the parties “indicate in writing” that the claimant does not want to testify; or (2)…”
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