§410.650 Dismissal for cause.

The presiding officer may, on his own motion, dismiss a hearing request, either entirely or as to any stated issue, under any of the following circumstances:

(a) Res judicata. Where there has been a previous determination or decision by the Commissioner with respect to the rights of the same party on the same facts pertinent to the same issue or issues which has become final either by judicial affirmance or, without judicial consideration, upon the claimant's failure timely to request reconsideration, hearing, or review, or to commence a civil action with respect to such determination or decision (see §§410.624, 410.631, 410.661, and 410.666).

(b) No right to hearing. Where the party requesting a hearing is not a proper party under §410.632 or §410.633 or does not otherwise have a right to a hearing under §410.630. This would include, but is not limited to, an individual claiming as a representative payee appointed pursuant to §410.581 (see §410.615).

(c) Hearing request not timely filed. Where the party has failed to file a hearing request timely pursuant to §410.631 and the time for filing such request has not been extended as provided in §410.669.

(d) Death of party. Where the party who filed the hearing request dies and there is no information before the presiding officer or the Social Security Administration showing that an individual who is not a party may be prejudiced by the Social Security Administration's determination which is the subject of the request for hearing: Provided; That if, within 60 days after the date notice of such dismissal is mailed to the original party at his last known address any such other individual states in writing that he desires a hearing on such claim and shows that he may be prejudiced by the Social Security Administration's initial determination, then the dismissal of the request for hearing shall be vacated.

[36 FR 23760, Dec. 14, 1971, as amended at 37 FR 20653, Sept. 30, 1972; 41 FR 54753, Dec. 15, 1976; 62 FR 38453, July 18, 1997]