A hearing before an ALJ may be requested if:
You disagree with the reconsidered determination;
You show in writing that your rights may be adversely affected by the decision; or
We have made a reconsidered determination or another type of determination that provides the right to a hearing before an ALJ. These are listed in SSA's regulations.
You must make a request for a hearing in writing within 60 days after you receive the notice of the determination. (See §2000, §2001, and §2015.)
At the hearing you may:
Appear in person or by video teleconference;
Testify under oath or affirmation;
Submit new evidence;
Examine the evidence used in making the determination under review; and
Present and question witnesses. (See §2011.)
If you waive the right to an oral hearing, the ALJ will ordinarily make a decision based on the evidence already submitted and any additional evidence that you or any other party presented.
The ALJ makes a decision on the basis of:
The evidence already submitted;
Any additional evidence you present;
Evidence that is otherwise obtained; and
Any testimony given at the hearing.
Last Revised: Aug. 6, 2007