§ 405.340Deciding a claim without a hearing before an administrative law judge.
(a)Decision fully favorable. If the evidence in the record supports a decision fully in your favor, the administrative law judge may issue a decision without holding a hearing. However, the notice of the decision will inform you that you have the right to a hearing and that you have a right to examine the evidence on which the decision is based.
(b)You do not wish to appear. The administrative law judge may decide a claim on the record and not conduct a hearing if—
(1) You state in writing that you do not wish to appear at a hearing, or
(2) You live outside the United States and you do not inform us that you want to appear.
(c) When a hearing is not held, the administrative law judge will make a record of the evidence, which, except for the transcript of the hearing, will contain the material described in § 405.360. The decision of the administrative law judge must be based on this record.