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).