(a) A claim may be denied at any time by the district director by
reason of abandonment where the claimant fails:
(1) To undergo a required medical examination without good cause;
or,
(2) To submit evidence sufficient to make a determination of the
claim; or,
(3) To pursue the claim with reasonable diligence; or,
(4) To attend an informal conference without good cause.
(b)(1) If the district director determines that a denial by reason
of abandonment under paragraphs (a)(1) through (3) of this section is
appropriate, he or she shall notify the claimant of the reasons for
such denial and of the action which must be taken to avoid a denial by
reason of abandonment. If the claimant completes the action requested
within the time allowed, the claim shall be developed, processed and
adjudicated as specified in this part. If the claimant does not fully
comply with the action requested by the district director, the district
director shall notify the claimant that the claim has been denied by
reason of abandonment. Such notification shall be served on the
claimant and all other parties to the claim by certified mail.
(2) In any case in which a claimant has failed to attend an
informal conference and has not provided the district director with his
reasons for failing to attend, the district director shall ask the
claimant to explain his absence. In considering whether the claimant
had good cause for his failure to attend the conference, the district
director shall consider all relevant circumstances, including the age,
education, and health of the claimant, as well as the distance between
the claimant's residence and the location of the conference. If the
district director concludes that the claimant had good cause for
failing to attend the conference, he may continue processing the claim,
including, where appropriate under Sec. 725.416, the scheduling of an
informal conference. If the claimant does not supply the district
director with his reasons for failing to attend the conference within
30 days of the date of the district director's request, or the district
director concludes that the reasons supplied by the claimant do not
establish good cause, the district director shall notify the claimant
that the claim has been denied by reason of abandonment. Such
notification shall be served on the claimant and all other parties to
the claim by certified mail.
(c) The denial of a claim by reason of abandonment shall become
effective and final unless, within 30 days after the denial is issued,
the claimant requests a hearing. Following the expiration of the 30-day
period, a new claim may be filed at any time pursuant to Sec. 725.309.
For purposes of Sec. 725.309,
a denial by reason of abandonment shall be deemed a finding that the
claimant has not established any applicable condition of entitlement.
If the claimant timely requests a hearing, the district director shall
refer the case to the Office of Administrative Law Judges in accordance
with Sec. 725.421. Except upon the motion or written agreement of the
Director, the hearing will be limited to the issue of whether the claim
was properly denied by reason of abandonment. If the hearing is limited
to the issue of abandonment and the administrative law judge determines
that the claim was not properly denied by reason of abandonment, he
shall remand the claim to the district director for the completion of
administrative processing.
