20 CFR 405.340 - Deciding a claim without a hearing before an administrative law judge.

§ 405.340 Deciding 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.

[71 FR 16446, Mar. 31, 2006, as amended at 75 FR 33168, June 11, 2010]

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United States Code

Title 20 published on 20-Apr-2017 03:33

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 405 after this date.

  • 2016-12-16; vol. 81 # 242 - Friday, December 16, 2016
    1. 81 FR 90987 - Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process
      GPO FDSys XML | Text
      SOCIAL SECURITY ADMINISTRATION
      Final rule.
      This final rule will be effective on January 17, 2017. However, compliance is not required until May 1, 2017.
      20 CFR Parts 404, 405 and 416
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