Disability applicants have many questions when a hearing before an Administrative Law Judge (ALJ) is scheduled. Questions about the atmosphere of the hearing, how the hearing is structured and what will the judge do during the hearing. At a disability hearing the ALJ has the power to approve disability cases and deny them under Social Security’s rules, so understand what the ALJ’s purpose is can be very helpful.
When May The ALJ Dismiss The Request For Hearing?
The ALJ may dismiss the request for a hearing if:
- You request a dismissal in writing or orally on the record at the hearing;
- Neither you nor your representative appears at a scheduled hearing, you have not waived the right to appear, and good cause for not appearing cannot be established;
- You did not file the request within the time limit and the ALJ does not find there was good cause for missing the time limit;
- The person requesting the hearing has no right to a hearing;
- A previous determination or decision was made for the same people, involving the same facts and issues, and that determination has become final;
- You die and no substitute pursues the request for hearing; or
- A fully favorable revised reconsideration determination has been made.
What Actions May An ALJ Take On The Request For A Hearing?
The ALJ may:
- Hold a hearing and issue a decision;
- Hold a limited hearing to determine whether there is new and material evidence that would warrant reopening and revision of a prior determination or decision;
- Send back a case involving a mental impairment for preparation of a standard form required in such cases and a new reconsidered determination under certain circumstances;
- Send back a case to the appropriate component of SSA for a revised determination, if there is reason to believe that the revised determination would be fully favorable to you. If the ALJ holds a hearing, it will not be sent back to the DDS for a fully favorable decision; or
- Make a fully favorable decision without holding a hearing
