I-2-4-20.Dismissal at the Claimant's Request

Last Update: 4/17/13 (Transmittal I-2-92)

A. Claimant Voluntarily Withdraws Request for Hearing

An administrative law judge (ALJ) may dismiss a request for hearing (RH), at the request of the claimant who filed the RH, at any time before mailing notice of the decision, if:

  1. the claimant or the claimant's representative has submitted a written request to withdraw the RH, or made such a request for withdrawal orally on the record at the hearing;

  2. the record shows that the claimant understands the effects of withdrawal (i.e., that the ALJ will dismiss the RH and the dismissal will be binding unless it is vacated by the ALJ or the Appeals Council);

  3. there are no other claimants (see I-2-1-45, Parties to the Hearing, and the definition of “claimant” in I-2-4-1.) who may be adversely affected by dismissal of the RH (see I-2-4-20 B. below);

  4. the voluntary withdrawal does not follow a sentence six court remand (see I-2-8-18 A., Administrative Law Judge Decisions in Court Remand Cases, for instructions when the conditions for dismissal are met in a court remand case and I-2-4-95, Exhibit—Decision When Claimant Abandons Claim After Sentence Six Court Remand, for a sample decision when the claimant has abandoned the claim after a court remand); and

  5. the ALJ determines that dismissal is appropriate.

B. Another Claimant to the Hearing May Be Adversely Affected by Dismissal of the RH

If there is another claimant to the hearing who may be adversely affected by dismissal of the RH, the ALJ must notify the other claimant of the request to withdraw the RH, and offer the other claimant the opportunity to object. If the other claimant objects to the withdrawal, the ALJ must proceed with the actions necessary to complete the record and issue a decision.

C. Notice of the ALJ's Action

  1. If the ALJ dismisses the RH:

    1. send all claimants a copy of the dismissal order;

    2. attach the claimant's request to the CLAIMS FOLDER copy of the dismissal order; and

    3. file one copy (with claimant's request attached) in the B section of the modular disability folder or electronic folder (see I-2-4-5 E.).

  2. If the ALJ does not dismiss the RH, the ALJ will proceed with the actions necessary to complete the record and issue a decision.