I-3-3-3.Error of Law

Last Update: 9/08/05 (Transmittal I-3-36)

The following represent broad categories of errors of law:

  • Misinterpretation of law, regulations, or Social Security Rulings.

  • Misapplication of the law, regulations, or rulings to the facts (e.g., the ALJ established a period of disability beginning after the date the claimant last met the special earnings requirements).

  • Failure to consider pertinent provisions of law, regulations, or rulings.

  • Failure to make a finding of fact, or to give reasons for making a finding of fact, on an issue properly before the ALJ.

  • A procedural error (more than technical) which affects due process (e.g., improper notice of hearing, or failure to notify the claimant of the right to request cross-examination).

  • Failure to rule on an objection raised at the hearing (e.g., an objection to the admission of certain exhibits).