When claimants who request a hearing before a judge fail to appear at their scheduled hearing, the judge may reschedule the hearing if the claimants establish good cause for missing the hearing. To establish good cause, following: (1) SSA did not properly notify the claimant of the hearing, or (2) an unexpected event occurred without sufficient time for the claimant to request a postponement. The claimants can use paper Form HA-L90 or HA-L90-OP1 to provide their reason for not appearing at their scheduled hearings; or the claimantsâ representatives can use Electronic Records Express (ERE), OMB Control No. 0960-0753, to submit the forms online. SSA uses the HA-L90 for new cases, and the HA-L90-OP1 for redeterminations cases. We need two versions of the paper form, as the judge follows different procedures when determining the good cause on redetermination cases (cases that have a prior decision and evidence on file), than they do for new cases (where we have no evidence on file). If the judge determines the claimants established good cause for failure to appear at the hearing, the judge will schedule a supplemental hearing; if not, the judge will make a claims eligibility determination based on the claimantsâ evidence of record. Respondents are claimants, or their representatives, seeking to establish good cause for failure to appear at a scheduled hearing before a judge.
US Code:
42 USC 405
Name of Law: Social Security Act
When we last cleared this IC in 2023, the burden was 6,666 hours. We are currently reporting a burden of 6,294 hours. This change stems from a decrease in the total number of respondents from 40,000 to 37,765. There is no change in the burden time per response. Although the number of responses changed, SSA did not take any actions to cause this change. These figures represent current Management Information data for the number of responses.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form HA-L90-OP1 Request to Show Cause for Failure to Appear
Addendum - 0794 (Final).docx
Request to Show Cause for Failure to Appear - Redeterminations