---
kind: "section"
citation: "20 C.F.R. § 416.1430"
title: "20"
number: "416.1430"
heading: "Availability of a hearing before an administrative law judge."
url: "https://uscodex.org/cfr/20/416.1430"
---

# §416.1430. Availability of a hearing before an administrative law judge.

- (a) You or another party may request a hearing before an administrative law judge if we have made—
  - (1) A reconsidered determination;
  - (2) A reconsideration of a revised determination of an initial or reconsidered determination that involves a suspension, reduction or termination of benefits;
  - (3) A revised initial determination or revised reconsidered determination that does not involve a suspension, reduction or termination of benefits; or
  - (4) **A revised decision based on evidence not included in the record on which the prior decision was based.**
- (b) We will hold a hearing only if you or another party to the hearing file a written request for a hearing.

## Notes

### Amendments

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 307, Jan. 3, 1986; 73 FR 2416, Jan. 15, 2008; 76 FR 24812, May 3, 2011]

### Authority

Authority: Secs. 702(a)(5), 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

### Source

Source: 45 FR 52096, Aug. 5, 1980, unless otherwise noted.

### Amendments

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 307, Jan. 3, 1986; 73 FR 2416, Jan. 15, 2008; 76 FR 24812, May 3, 2011]