§404.930. Availability of a hearing before an administrative law judge.
20 C.F.R. § 404.930
You or another party may request a hearing before an administrative law judge if we have made—
A reconsidered determination;
A revised determination of an initial determination, unless the revised determination concerns the issue of whether, based on medical factors, you are disabled;
A reconsideration of a revised initial determination concerning the issue of whether, based on medical factors, you are disabled;
A revised reconsidered determination;
A revised decision based on evidence not included in the record on which the prior decision was based;
An initial determination denying waiver of adjustment or recovery of an overpayment based on a personal conference (see § 404.506); or
An initial determination denying waiver of adjustment or recovery of an overpayment based on a review of the written evidence of record (see § 404.506), and the determination was made concurrent with, or subsequent to, our reconsideration determination regarding the underlying overpayment but before an administrative law judge holds a hearing.
We will hold a hearing only if you or another party to the hearing file a written request for a hearing.
Notes, amendments, and revision history
Amendments
[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986; 61 FR 56132, Oct. 31, 1996; 73 FR 2415, Jan. 15, 2008; 76 FR 24806, May 3, 2011]
Authority
Authority: Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j), 221, 223(i), 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i), 425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).
Amendments
[45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986; 61 FR 56132, Oct. 31, 1996; 73 FR 2415, Jan. 15, 2008; 76 FR 24806, May 3, 2011]