All hearings shall be attended by the parties or their representatives and such other persons as the administrative law judge deems necessary and proper. The administrative law judge shall inquire fully into the matters at issue and shall receive in evidence the testimony of witnesses and any documents which are relevant and material to such matters. If the administrative law judge believes that there is relevant and material evidence available which has not been presented at the hearing, he may adjourn the hearing or, at any time, prior to the filing of the compensation order, reopen the hearing for the receipt of such evidence. The order in which evidence and allegations shall be presented and the procedures at the hearings generally, except as these regulations otherwise expressly provide, shall be in the discretion of the administrative law judge and of such nature as to afford the parties a reasonable opportunity for a fair hearing.
Notes of Decisions
Cited in
16
cases (
5 in the last 5 years), 1982–2024 · leading case:
Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008).
Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008).
“20 C.F.R. § 702.338 . With respect to “the nature and severity of [a claimant’s] impairment(s),” 20 C.”
Ellen Melville v. Kenneth S. Apfel, Comm'r of Soc. Sec., 198 F.3d 45 (2d Cir. 1999).
“20 C.F.R. § 702.338 (1999). Further, where the claimant is unrepresented by counsel, the ALJ has a duty to probe scrupulously and conscientiously into and explore all of the relevant facts, see, e.”
Hernandez v. Astrue, 814 F. Supp. 2d 168 (E.D.N.Y 2011).
“1999)); see also 20 C.F.R. § 702.338 . 2. The “Special Technique” for Evaluations of Mental Impairments In addition to the five-step process outlined in 20 C.”
Furnell Severin v. Exxon Corp., 910 F.2d 286 (5th Cir. 1990).
“See 20 C.F.R. § 702.338 (1989). The district court properly declined to enforce the supplemental order of default.”
Bobby L. Champion v. S&m Traylor Bros. & Lumbermen's Mut. Cas. Co., 690 F.2d 285 (D.C. Cir. 1982).
“Although the Board could not condone the ALJ’s “curt” refusal to allow post-hearing depositions of the two fellow workers Champion sought as witnesses and did not rule on this claimed violation of the ALJ’s duty to “inquire fully into the matters at issue” ( 20 C.F.R. § 702.338…”
Potomac Iron Works v. Love, 673 F.2d 537 (D.C. Cir. 1982).
“” 20 C.F.R. § 702.338 (1981). If the parties are unable to reach agreement in the course of an informal conference, they may request a hearing before an administrative law judge, 20 C.”
Commisso v. Comm'r of Soc. Sec. (E.D.N.Y 2022).
· cites it 2× “(quoting 20 C.F.R. § 702.338 ). “If the [ALJ] believes that there is relevant and material evidence available which has not been presented at the hearing, [she] may adjourn the hearing or, at any time, prior to the filing of the compensation order, reopen the hearing for the…”
Pezzo v. Saul (D. Conn. 2022).
“2008)); see also 20 C.F.R. § 702.338 (“The [ALJ] shall inquire fully into the matters at issue and shall receive in evidence the testimony of witnesses and any documents which are relevant and material to such matters.”
Horowitz v. Saul (E.D.N.Y 2021).
“(quoting 20 C.F.R. § 702.338 ). Thus, “[i]t is the ALJ’s duty to investigate and develop the facts and develop the arguments both for and against the granting of benefits.”
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