2007.1 When can a claimant request a hearing before an ALJ?
A hearing before an ALJ may be requested if:
You disagree with the reconsidered determination;
You show in writing that your rights may be adversely affected by the decision; or
2007.2 When must the request be made?
2007.3 What are the procedures at the hearing?
At the hearing you may:
Appear in person with or without a designated representative or by video teleconference;
Testify under oath or affirmation;
Submit new evidence;
Examine the evidence used in making the determination under review; and
Present and question witnesses. (See §2011.)
2007.4 What happens if a claimant waives the right to an oral hearing?
If you waive the right to an oral hearing, the ALJ will ordinarily make a decision based on the evidence already submitted and any additional evidence that you or any other party presented.
2007.5 What is the basis for the ALJ's decision?
The ALJ makes a decision on the basis of:
The evidence already submitted;
Any additional evidence you present;
Evidence that is otherwise obtained; and
Any testimony given at the hearing.
Last Revised: Aug. 8, 2011