20 C.F.R. § 416.1450

Presenting evidence at a hearing before an administrative law judge

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(a) The right to appear and present evidence. Any party to a hearing has a right to appear before the administrative law judge, in the manner set forth in § 416.1436, to present evidence and to state their position. A party may also make their appearance by means of a designated representative, who may make their appearance in the manner set forth in § 416.1436.

(b) Waiver of the right to appear. You may send the administrative law judge a waiver or a written statement indicating that you do not wish to appear at the hearing. You may withdraw this waiver any time before a notice of the hearing decision is mailed to you. Even if all of the parties waive their right to appear at a hearing, we may notify them of a time and a place for an oral hearing, if the administrative law judge believes that a personal appearance and testimony by you or any other party is necessary to decide the case.

(c) Admissible evidence. Subject to the provisions of § 416.1435, the administrative law judge may receive any evidence at the hearing that he or she believes is material to the issues, even though the evidence would not be admissible in court under the rules of evidence used by the court.

(d) Subpoenas. (1) When it is reasonably necessary for the full presentation of a case, an administrative law judge or a member of the Appeals Council may, on his or her own initiative or at the request of a party, issue subpoenas for the appearance and testimony of witnesses and for the production of books, records, correspondence, papers, or other documents that are material to an issue at the hearing.

(2) Parties to a hearing who wish to subpoena documents or witnesses must file a written request for the issuance of a subpoena with the administrative law judge or at one of our offices at least 10 business days before the hearing date, unless you show that your circumstances meet the conditions described in § 416.1435(b). The written request must give the names of the witnesses or documents to be produced; describe the address or location of the witnesses or documents with sufficient detail to find them; state the important facts that the witness or document is expected to prove; and indicate why these facts could not be proven without issuing a subpoena.

(3) We will pay the cost of issuing the subpoena.

(4) We will pay subpoenaed witnesses the same fees and mileage they would receive if they had been subpoenaed by a Federal district court.

(e) Witnesses at a hearing. Witnesses you call may appear at a hearing with you in the same manner in which you are scheduled to appear. If they are unable to appear with you in the same manner as you, they may appear as prescribed in § 416.1436(c)(2). Witnesses called by the administrative law judge will appear in the manner prescribed in § 416.1436(c)(2). They will testify under oath or affirmation unless the administrative law judge finds an important reason to excuse them from taking an oath or affirmation. The administrative law judge may ask the witness any questions material to the issues and will allow the parties or their designated representatives to do so.

(f) Collateral estoppel—issues previously decided. An issue at your hearing may be a fact that has already been decided in one of our previous determinations or decisions in a claim involving the same parties, but arising under a different title of the Act or under the Federal Coal Mine Health and Safety Act. If this happens, the administrative law judge will not consider the issue again, but will accept the factual finding made in the previous determination or decision unless there are reasons to believe that it was wrong.

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 307, Jan. 3, 1986; 68 FR 5221, Feb. 3, 2003; 75 FR 39161, July 8, 2010; 78 FR 29628, May 21, 2013; 81 FR 90996, Dec. 16, 2016; 84 FR 69308, Dec. 18, 2019; 89 FR 68364, Aug. 26, 2024]

Notes of Decisions

Cited in 47 cases (18 in the last 5 years), 1996–2025 · leading case: Alyson Luukkonen v. Comm'r of Soc. Sec., 653 F. App'x 393 (6th Cir. 2016).

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Alyson Luukkonen v. Comm'r of Soc. Sec., 653 F. App'x 393 (6th Cir. 2016). · cites it 4× “” 20 C.F.R. § 416.1450 (d)(1). Parties to a hearing who wish to subpoena documents or witnesses must file a written request for the issuance of a subpoena with the administrative law judge or at one of our offices at least 5 days before the hearing date.”

Roxie Hollon, on Behalf of Joseph W. Hollon v. Comm'r of Soc. Sec., 447 F.3d 477 (6th Cir. 2006). · cites it 2× “” 20 C.F.R. § 416.1450 (a). This same regulation further provides, however, that a party may *489 waive his or her right to appear by “sending] the administrative law judge a waiver or a written statement indicating that [he or she] do[es] not wish to appear at the hearing.”

Frank DeCHIRICO, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Comm'r of the Soc. Sec. Admin., Defendant-Appellee, 134 F.3d 1177 (2d Cir. 1998). · cites it 2× “” 20 C.F.R. § 416.1450 (d)(1). And the fact that the HALLEX Manual guidelines specify that ALJs may not need prior files that are more than four years old does not purport to alter the statutory duty to develop the record fully by reviewing older materials when doing so is…”

Jessie CALVIN, Plaintiff-Appellee, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellant, 73 F.3d 87 (6th Cir. 1996). · cites it 6× “” The pertinent regulation, 20 C.F.R. § 416.1450 (d), authorizes an ALJ to issue a subpoena ad testificandum “[w]hen it is reasonably necessary for the full presentation of a case_” § 416.”

Lippincott v. Comm'r of Soc. Sec., 982 F. Supp. 2d 358 (D.N.J. 2013). · cites it 2× “20 C.F.R. § 416.1450 (e); 20 C.F.R. § 404.”

Torres v. Comm Soc. Sec., 139 F. App'x 411 (3rd Cir. 2005). “See 20 C.F.R. § 416.1450 (d) (“When it is reasonably necessary for the full presentation of a case, an administrative law judge .”

Clifford FLATFORD, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 93 F.3d 1296 (6th Cir. 1996). “20 C.F.R. § 416.1450 (d)(1) and (d)(2). These regulations are identical to those regarding the issuance of subpoenas in a disability benefits case.”

Rosa v. Colvin, 956 F. Supp. 2d 617 (E.D. Pa. 2013). “20 C.F.R. § 416.1450 (d)(1) (stating that an ALJ has authority “on his or her own initiative” to issue and enforce subpoenas for the production of records “[w]hen it is reasonably necessary for the full presentation of a case”).”

MACHIA v. Astrue, 670 F. Supp. 2d 326 (D. Vt. 2009). “) In either case, it does not appear that Machia "waived” his right to testify within the meaning of 20 C.F.R. § 416.1450 (b), which states that claimants "may send the [ALJ] a waiver or a written statement indicating that [they] do not wish to appear at the hearing.”

Meyler v. Comm'r of Soc. Sec., 238 F. App'x 884 (3rd Cir. 2007). · cites it 2× “1450 (d)(1), when it is reasonably necessary, an ALJ or member of the Appeals Council may, on his or her own initiative or at the request of a party, issue a subpoena for the appearance or testimony of a witness and for the production of records material to an issue or hearing.”

Whitzell v. Astrue, 589 F. Supp. 2d 100 (D. Mass. 2008). “950(f) and 20 C.F.R. 416.1450(f), an issue that was previously determined may not be reconsidered by the hearing officer.”

Warren v. Astrue, 830 F. Supp. 2d 1369 (S.D. Fla. 2011). “Specifically, the Plaintiff contends that the ALJ erred in not discussing her attorney’s objections made at the hearing; and by giving substantial weight to the opinion of a person who is not an acceptable medical source under Social Security Regulations.”

Show all 47 citing cases →

— 20 C.F.R. § 416.1450(d) — 1 case

Bryson v. Comm'r of Soc. Sec. Admin. (W.D. Tenn. 2021).

— 20 C.F.R. § 416.1450(d)(1) — 1 case

(SS) Bailey v. Comm'r of Soc. Sec. (E.D. Cal. 2021).

— 20 C.F.R. § 416.1450(d)(2) — 1 case

Jessie CALVIN, Plaintiff-Appellee, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellant, 73 F.3d 87 (6th Cir. 1996). “” The pertinent regulation, 20 C.F.R. § 416.1450 (d), authorizes an ALJ to issue a subpoena ad testificandum “[w]hen it is reasonably necessary for the full presentation of a case_” § 416.”

— 20 C.F.R. § 416.1450(d)(2)(ii) — 1 case

Bryson v. Comm'r of Soc. Sec. Admin. (W.D. Tenn. 2021).

— 20 C.F.R. § 416.1450(d)(l)(2) — 1 case

— 20 C.F.R. § 416.1450(e) — 1 case

Miley v. Comm'r of Soc. Sec. Admin. (S.D. Fla. 2022).

— 20 C.F.R. § 416.1450(f) — 1 case

Whitzell v. Astrue, 589 F. Supp. 2d 100 (D. Mass. 2008). “950(f) and 20 C.F.R. 416.1450(f), an issue that was previously determined may not be reconsidered by the hearing officer.”

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