Incorporation by Reference of Oral Findings of Fact and Rationale in Wholly Favorable Written Decisions

§ 416.1452

20 CFR Ch. III (4–1–07 Edition)

(c) An administrative law judge or
the Appeals Council asks for a written
record of the proceedings.
[45 FR 52096, Aug. 5, 1980, as amended at 51
FR 308, Jan. 3, 1986]

§ 416.1452 Consolidated hearings before an administrative law judge.
(a) General. (1) A consolidated hearing may be held if—
(i) You have requested a hearing to
decide your eligibility for supplemental security income benefits and
you have also requested a hearing to
decide your rights under another law
we administer; and
(ii) One or more of the issues to be
considered at the hearing you requested are the same issues that are involved in another claim you have pending before us.
(2) If the administrative law judge
decides to hold the hearing on both
claims, he or she decides both claims,
even if we have not yet made an initial
or reconsidered determination on the
other claim.
(b) Record, evidence, and decision.
There will be a single record at a consolidated hearing. This means that the
evidence introduced in one case becomes evidence in the other(s). The administrative law judge may make either a separate or consolidated decision.

cprice-sewell on PRODPC61 with CFR

[45 FR 52096, Aug. 5, 1980, as amended at 51
FR 308, Jan. 3, 1986]

§ 416.1453 The decision of an administrative law judge.
(a) General. The administrative law
judge shall issue a written decision
which gives the findings of fact and the
reasons for the decision. The decision
must be based on evidence offered at
the hearing or otherwise included in
the record. The administrative law
judge shall mail a copy of the decision
to all the parties at their last known
address. The Appeals Council may also
receive a copy of the decision.
(b) Wholly favorable oral decision entered into the record at the hearing. The
administrative law judge may enter a
wholly favorable oral decision into the
record of the hearing proceedings. If
the administrative law judge enters a
wholly favorable oral decision into the
record of the hearing proceedings, the

administrative law judge may issue a
written decision that incorporates the
oral decision by reference. The administrative law judge may use this procedure only in those categories of cases
that we identify in advance. The administrative law judge may only use
this procedure in those cases where the
administrative law judge determines
that no changes are required in the
findings of fact or the reasons for the
decision as stated at the hearing. If a
wholly favorable decision is entered
into the record at the hearing, the administrative law judge will also include in the record, as an exhibit entered into the record at the hearing, a
document that sets forth the key data,
findings of fact, and narrative rationale for the decision. If the decision incorporates by reference the findings
and the reasons stated in an oral decision at the hearing, the parties shall
also be provided, upon written request,
a record of the oral decision.
(c) Time for the administrative law
judge’s decision. (1) The administrative
law judge must issue the hearing decision no later than 90 days after the request for hearing is filed, unless—
(i) The matter to be decided is whether you are disabled; or
(ii) There is good cause for extending
the time period because of unavoidable
circumstances.
(2) Good cause for extending the time
period may be found under the following circumstances:
(i) Delay caused by you or by your representative’s action. The time period for
decision in this instance may be extended by the total number of days of
the delays. The delays include delays
in submitting evidence, briefs, or other
statements, postponements or adjournments made at your request, and any
other delays caused by you or your representative.
(ii) Other delays. The time period for
decision may be extended where delays
occur through no fault of the Commissioner. In this instance, the decision
will be issued as soon as practicable.
(d) Recommended decision. Although
an administrative law judge will usually make a decision, he or she may
send the case to the Appeals Council
with a recommended decision where
appropriate. The administrative law

1108

VerDate Aug<31>2005

15:09 May 23, 2007

Jkt 211063

PO 00000

Frm 01118

Fmt 8010

Sfmt 8010

Y:\SGML\211063.XXX

211063

Social Security Administration

§ 416.1457

judge will mail a copy of the recommended decision to the parties at
their last known addresses and send
the recommended decision to the Appeals Council.
[45 FR 52096, Aug. 5, 1980, as amended at 51
FR 308, Jan. 3, 1986; 54 FR 37793, Sept. 13,
1989; 62 FR 38455, July 18, 1997; 69 FR 61597,
Oct. 20, 2004]

§ 416.1455 The effect of an administrative law judge’s decision.
The decision of the administrative
law judge is binding on all parties to
the hearing unless—
(a) You or another party request a review of the decision by the Appeals
Council within the stated time period,
and the Appeals Council reviews your
case;
(b) You or another party requests a
review of the decision by the Appeals
Council within the stated time period,
the Appeals Council denies your request for review, and you seek judicial
review of your case by filing an action
in a Federal district court;
(c) The decision is revised by an administrative law judge or the Appeals
Council under the procedures explained
in § 416.1487;
(d) The expedited appeals process is
used;
(e) The decision is a recommended
decision directed to the Appeals Council; or
(f) In a case remanded by a Federal
court, the Appeals Council assumes jurisdiction under the procedures in
§ 416.1484.

cprice-sewell on PRODPC61 with CFR

[45 FR 52096, Aug. 5, 1980, as amended at 51
FR 308, Jan. 3, 1986; 54 FR 37793, Sept. 13,
1989]

§ 416.1456 Removal of a hearing request from an administrative law
judge to the Appeals Council.
If you have requested a hearing and
the request is pending before an administrative law judge, the Appeals Council may assume responsibility for holding a hearing by requesting that the
administrative law judge send the
hearing request to it. If the Appeals
Council holds a hearing, it shall conduct the hearing according to the rules
for hearings before an administrative
law judge. Notice shall be mailed to all
parties at their last known address

telling them that the Appeals Council
has assumed responsibility for the
case.
[45 FR 52096, Aug. 5, 1980, as amended at 51
FR 308, Jan. 3, 1986]

§ 416.1457 Dismissal of a request for a
hearing before an administrative
law judge.
An administrative law judge may dismiss a request for a hearing under any
of the following conditions:
(a) At any time before notice of the
hearing decision is mailed, you or the
party or parties that requested the
hearing ask to withdraw the request.
This request may be submitted in writing to the administrative law judge or
made orally at the hearing.
(b)(1)(i) Neither you nor the person
you designate to act as your representative appears at the time and place set
for the hearing and you have been notified before the time set for the hearing
that your request for a hearing may be
dismissed without further notice if you
did not appear at the time and place of
hearing, and good cause has not been
found by the administrative law judge
for your failure to appear; or
(ii) Neither you nor the person you
designate to act as your representative
appears at the time and place set for
the hearing and within 10 days after
the administrative law judge mails you
a notice asking why you did not appear, you do not give a good reason for
the failure to appear.
(2) In determining good cause or good
reason under this paragraph, we will
consider any physical, mental, educational, or linguistic limitations (including any lack of facility with the
English language) which you may have.
(c) The administrative law judge decides that there is cause to dismiss a
hearing request entirely or to refuse to
consider any one or more of the issues
because—
(1) The doctrine of res judicata applies
in that we have made a previous determination or decision under this subpart about your rights on the same
facts and on the same issue or issues,
and this previous determination or decision has become final by either administrative or judicial action;
(2) The person requesting a hearing
has no right to it under § 416.1430;

1109

VerDate Aug<31>2005

15:09 May 23, 2007

Jkt 211063

PO 00000

Frm 01119

Fmt 8010

Sfmt 8010

Y:\SGML\211063.XXX

211063