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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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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
      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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