I-2-3-15.Notice of Hearing
Last Update: 8/15/05 (Transmittal I-2-60)
A. When to Mail the Notice of Hearing
The ALJ or the HO staff must send notice of the hearing to the claimant and representative at least 20 days before the hearing.
B. Notice of Hearing Forms
Form HA-507-U5 (Notice of Hearing)
Form HA-508-U6 (Amended Notice of Hearing)
Form HA-513-U6 (Notice of Continuance of Hearing)
Form HA-4637-U6 (Notice of Hearing - Disability) — Titles II and XVI Claim Continuance of Period of Disability, Disability Insurance Benefits, and Supplemental Security Income (Work Activity Not Involved)
Form HA-4637-U5-SI — Title XVI Claim for Continuance of Supplemental Security Income (Work Activity Not Involved)
Form HA-5071-U5 — Title II Claim for Period of Disability and Disability Insurance Benefits
Form HA-5072-U5 — Title II Claim for Disabled Widow(er)/Surviving Divorced Spouse
Form HA-5075-U5 — Title II Claim for Continuance of Disability Insurance Benefits (Work Activity Not Involved)
Form HA-5076-U5 — Title II Claim for Continuance of Disability Insurance Benefits (Work Activity Involved)
Form HA-5077-U6 — Titles II and XVI Claim for Period of Disability, Disability Insurance Benefits, and Supplemental Security Income (Disability-Adult)
Form HA-5078-U5 — Title XVI Claim for Supplemental Security Income (Disability- Adult)
There is a Spanish version of each of these forms. The form number is the same, except “SP” is added to the Spanish version. For example, the Spanish version of Form HA-5078-U5 is HA-5078-U5-SP. (See I-2-3-45 Spanish Language Translations of Forms and Notices.)
C. Information to Include on the Notice of Hearing
All notices of hearing must show:
The claimant's proper name, applicable Social Security number(s), proper names of expert witnesses, the HO address, and the time and place set for the hearing.
A statement of the issues to be decided. (See I-2-2 ff, Issues Before the Administrative Law Judge)
A statement that the claimant has a right to object to those issues.
A statement informing the claimant of the right to designate a representative.
A statement informing the claimant that reimbursement of travel expenses may be made under certain circumstances.
An explanation of the procedures for requesting a change in the time and place of the hearing.
A reminder that the ALJ may dismiss the request for hearing if the claimant fails to appear at the scheduled hearing without “good cause.”
A reminder to submit additional evidence as soon as possible for consideration by the ALJ.
The claimant's right to request the issuance of a subpoena. (See I-2-5-78, Use of Subpoenas - General).
Any other information about the scheduling and conduct of the hearing that the ALJ believes the claimant should have.
The information provided to the claimant and others about the hearing must be complete, technically correct, and worded in a manner that can easily be understood.
D. Distribution of Notice of Hearing
The Notice of Hearing, or a copy thereof, should be mailed to the claimant and to the representative, if any. Also, a copy of the Notice of Hearing should be placed in the administrative record and in the HO file.