I-2-3-25.Waiver of Advance Notice of Hearing

Office of Hearings Operations (OHO) management, through designated staff, must send a notice of hearing to a claimant and appointed representative, if any, at least 75 days before the date of a scheduled hearing. For an amended notice of hearing or notice of supplemental hearing, OHO staff will mail or serve the notice at least 20 days before the date of the hearing. Refer to Standard Hearings Operation Procedure (SHOP) section 4.3.1 for mailing guidelines for centrally printed and manually mailed notices.

The date of hearing indicated in the amended notice of hearing or notice of supplemental hearing will be at least 75 days from the date we first sent the claimant a notice of hearing. See 20 CFR 404.938(a), 416.1438(a), 404.938(d) and 416.1438(d). See also Hearings, Appeals and Litigation Law (HALLEX) manual I-2-3-15. However, a claimant may waive the right to advance notice of the hearing in writing.

The claimant may waive the right to advance written notice of the hearing on their own initiative. Alternatively, when necessary to expedite action on a claim (e.g., schedule a hearing less than 75 days in advance or reschedule a postponed hearing less than 20 days in advance), OHO management, through designated staff, may ask the claimant, if unrepresented, or the appointed representative, if any, whether the claimant is willing to waive the right to advance written notice of the hearing. If the claimant agrees to a waiver, OHO management, through designated staff, must obtain the waiver in writing, either before or at the time of the hearing. If the waiver is obtained at the time of the hearing, OHO management, through designated staff, must obtain the waiver in writing before going on the record, and as part of the opening statement, the administrative law judge will usually mention the obtaining of a waiver. (see HALLEX I-2-6-52).

The claimant is not required to use any prescribed form to submit such a waiver; any written waiver signed by the claimant is acceptable. However, form HA-510, “Waiver of Written Notice of Hearing,” exists for these purposes. This form can be obtained through the Document Generation System (DGS) by clicking on “Correspondence,” “Pre Hearing” and then accessing “PH Waive Written Notice,” or by clicking on “Notices” and selecting “Waiver of Written Notice of Hearing” or in the Hearings and Appeals Case Processing System (HACPS).

If the claimant signs and submits a written waiver, OHO staff will add the waiver to the B section of the claim(s) file as part of the record.