20 CFR 416.1414 - Disability hearing - general.
(a)Availability. We will provide you with an opportunity for a disability hearing if:
(i) Has ceased;
(ii) Did not exist; or
(iii) Is no longer disabling; and
(b)Scope. The disability hearing will address only the initial or revised determination, based on medical factors, that you are not now blind or disabled. Any other issues you raise in connection with your request for reconsideration will be reviewed in accordance with the reconsideration procedures described in § 416.1413 (a) through (c).
(c)Time and place -
(1)General. Either the State agency or the Associate Commissioner for Disability Determinations or his or her delegate, as appropriate, will set the time and place of your disability hearing. We will send you a notice of the time and place of your disability hearing at least 20 days before the date of the hearing. You may be expected to travel to your disability hearing. (See §§ 416. 1495-416.1499 regarding reimbursement for travel expenses.)
(2)Change of time or place. If you are unable to travel or have some other reason why you cannot attend your disability hearing at the scheduled time or place, you should request at the earliest possible date that the time or place of your hearing be changed. We will change the time or place if there is good cause for doing so under the standards in § 416.1436 (c) and (d).
(d)Combined issues. If a disability hearing is available to you under paragraph (a) of this section, and you file a new application for benefits while your request for reconsideration is still pending, we may combine the issues on both claims for the purpose of the disability hearing and issue a combined initial/reconsidered determination which is binding with respect to the common issues on both claims.
- 20 CFR 422.140 — Reconsideration of Initial Determination.
- 20 CFR 416.1414 — Disability Hearing - General.
- 20 CFR 416.929 — How We Evaluate Symptoms, Including Pain.
- 20 CFR 416.1413 — Reconsideration Procedures.
- 20 CFR 416.946 — Responsibility for Assessing Your Residual Functional Capacity.
- 20 CFR 416.1416 — Disability Hearing - Procedures.