20 C.F.R. § 404.942 Prehearing proceedings and decisions by attorney advisors.
Title 20 - Employees' Benefits
(a) General. After a hearing is requested but before it is held, an attorney advisor in our Office of Hearings and Appeals may conduct prehearing proceedings as set out in paragraph (c) of this section. If upon the completion of these proceedings, a decision that is wholly favorable to you and all other parties may be made, an attorney advisor, instead of an administrative law judge, may issue such a decision. The conduct of the prehearing proceedings by the attorney advisor will not delay the scheduling of a hearing. If the prehearing proceedings are not completed before the date of the hearing, the case will be sent to the administrative law judge unless a wholly favorable decision is in process or you and all other parties to the hearing agree in writing to delay the hearing until the proceedings are completed. (b) When prehearing proceedings may be conducted by an attorney advisor. An attorney advisor may conduct prehearing proceedings if you have filed a claim for benefits based on disability and— (1) New and material evidence is submitted; (2) There is an indication that additional evidence is available; (3) There is a change in the law or regulations; or (4) There is an error in the file or some other indication that a wholly favorable decision may be issued. (c) Nature of the prehearing proceedings that may be conducted by an attorney advisor. As part of the prehearing proceedings, the attorney advisor, in addition to reviewing the existing record, may— (1) Request additional evidence that may be relevant to the claim, including medical evidence; and (2) If necessary to clarify the record for the purpose of determining if a wholly favorable decision is warranted, schedule a conference with the parties. (d) Notice of a decision by an attorney advisor. If the attorney advisor issues a wholly favorable decision under this section, we shall mail a written notice of the decision to all parties at their last known address. We shall state the basis for the decision and advise all parties that an administrative law judge will dismiss the hearing request unless a party requests that the hearing proceed. A request to proceed with the hearing must be made in writing within 30 days after the date the notice of the decision of the attorney advisor is mailed. (e) Effect of actions under this section. If under this section, an administrative law judge dismisses a request for a hearing, the dismissal is binding in accordance with §404.959 unless it is vacated by an administrative law judge or the Appeals Council pursuant to §404.960. A decision made by an attorney advisor under this section is binding unless— (1) A party files a request to proceed with the hearing pursuant to paragraph (d) of this section and an administrative law judge makes a decision; (2) The Appeals Council reviews the decision on its own motion pursuant to §404.969 as explained in paragraph (f)(3) of this section; or (3) The decision of the attorney advisor is revised under the procedures explained in §404.987. (f) Ancillary provisions. For the purposes of the procedures authorized by this section, the regulations of part 404 shall apply to— (1) Authorize an attorney advisor to exercise the functions performed by an administrative law judge under §§404.1520a and 404.1546; (2) Define the term “decision” to include a decision made by an attorney advisor, as well as the decisions identified in §404.901; and (3) Make the decision of an attorney advisor subject to review by the Appeals Council under §404.969 if an administrative law judge dismisses the request for a hearing following issuance of the decision, and the Appeals Council decides to review the decision of the attorney advisor anytime within 60 days after the date of the dismissal. (g) Sunset provision. The provisions of this section will no longer be effective on April 2, 2001. [60 FR 34131, June 30, 1995, as amended at 63 FR 35516, June 30, 1998; 64 FR 13678, Mar. 22, 1999; 64 FR 51893, Sept. 27, 1999]
Title 20: Employees' Benefits
PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950– )
Subpart J—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions
Hearing Before an Administrative Law Judge
§ 404.942 Prehearing proceedings and decisions by attorney advisors.
