Last Update: 11/22/11 (Transmittal I-2-84)
A claimant has the right to appear at a hearing before an Administrative Law Judge (ALJ), either personally or by video teleconference (VTC) or through a designated representative (20 CFR 404.950(a) and 416.1450(a)). We hold hearings in the 50 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Virgin Islands. (20 CFR 404.936(b) and 416.1436(b)). If a claimant resides outside the United States and does not inform the ALJ assigned to conduct the hearing that he or she wishes to appear, and there are no other parties to the hearing who wish to appear, the ALJ may decide the claim on the record and not conduct an oral hearing (20 CFR 404.948(b)(1)(ii) and 416.1448(b)(1)(ii)). We do not conduct hearings outside of the United States, including appearances by VTC from a location outside of the United States.
Sections 201(j) and 1631(h) of the Social Security Act (Act) state the authority for the payment of certain travel expenses to claimants, representatives, and all reasonably necessary witnesses who attend ALJ hearings. This reimbursement is statutorily limited to travel within the United States. The regulations at 20 CFR 404.999c(d)(1) and 416.1498(d)(1) implement these statutory authorities.
For title II purposes, individuals who reside in the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of Puerto Rico, or the Virgin Islands are residents of the United States (Section 210(i) of the Act).
For title XVI purposes, individuals who reside in the 50 States, the District of Columbia, and the Northern Mariana Islands are residents of the United States for the purposes of title XVI (20 CFR 416.1603(c)); however, an individual shall not be considered an eligible individual for any month during which such individual is outside the United States (20 CFR 416.215). See also 20 CFR 408.1045 for Special Veterans Benefits under title VIII.
NOTE:
“Foreign claimant,” as defined herein, refers to residence, not citizenship.
A claimant for title II benefits is a foreign claimant if he or she has requested a hearing and does not reside in the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of Puerto Rico, or the Virgin Islands. A resident of the Northern Mariana Islands is a foreign claimant unless he or she is filing for title XVI benefits.
A title XVI claimant is a foreign claimant if he or she has requested a hearing and does not reside in the 50 States, the District of Columbia, or the Northern Mariana Islands.
Therefore, title XVI requests for hearing from foreign claimants are ordinarily limited to claims in which:
The Social Security Administration (SSA) issued the initial and/or reconsideration determinations on an individual's title XVI application and during at least part of that time the claimant was a United States resident, and
Thereafter, the claimant moved out of the United States.
The ALJ may find the claimant disabled or eligible for title XVI benefits for the time the claimant resided in the United States while the application was pending.
NOTE:
Effective April 2004, a blind or disabled child who is outside the United States may receive title XVI benefits contingent upon all other factors of eligibility if he or she is a United States citizen, and living with a parent who is a member of the armed forces of the United States assigned to permanent duty ashore anywhere outside the United States.
A foreign claimant must request a hearing in writing (20 CFR 404.933(a) and 416.1433(a)). See I-2-0-40, Request for Hearing – Filing Requirements. The claimant may file the request at any SSA office or any United States Foreign Service Office (20 CFR 404.614(b)(1)). Foreign claimants may also file hearing requests on title II claims at the Department of Veterans Affairs Regional Office in the Philippines, or with the Railroad Retirement Board (20 CFR 404.933(b)(2)).
A foreign claimant must also timely file the request for hearing. See I-2-0-50, Timely Request for Hearing – Filing Requirements.
SSA's Office of International Operations (OIO), in Baltimore, Maryland, has jurisdiction over cases involving foreign claimants (except certain title XVI cases) and maintains claim folders for these cases. OIO maintains jurisdiction over title XVI claim folders for blind or disabled children of military personnel stationed overseas and concurrent title II and title XVI claim folders. The Disability Determination Services (DDS) retains jurisdiction of title XVI only claim folders.
Upon receipt of a request for hearing from a foreign claimant, OIO will locate and prepare the paper claim folder and send it to:
Office of Disability Adjudication and ReviewUpon receipt from OIO of a foreign claimant's request for hearing and paper claim folder, the Chief ALJ or designee will designate the hearing office (HO) that will process the claim and forward the request for hearing and claim folder to that office for assignment to an ALJ. The Chief Judge or designee will designate an HO whether the claimant asked for an in-person hearing, or an on-the-record decision, or made no preference as to the type of hearing he or she receives.
If the claim is an aged case, please contact the Division of Workload Management in the Office of the Chief ALJ and inform them that an aged case is being transferred to an HO. An aged case is any claim that is over 750 days old.
The Chief ALJ or designee will designate the HO as follows:
If neither the foreign claimant or representative requests to appear at a hearing in the United States, the Chief ALJ or designee will designate an HO that can handle the claim most expeditiously.
If the foreign claimant does not wish to appear at a hearing in the United States, but a United States resident, who is either a claimant or claimant's representative, does wish to appear, the Chief ALJ or designee will designate the HO that services the residence of the claimant who is a United States resident, or the business office of a claimant's representative.
If a foreign claimant requests to appear at a hearing in the United States, the Chief ALJ or designee will ordinarily designate the HO that is closest to the claimant's port of entry. However, the Chief ALJ or designee may designate an HO other than the one closest to the port of entry if it would promote the just and efficient administration of the hearing process. SSA will reimburse travel expenses as provided in I-2-0-72 G. below.
When assigning the claim, the Chief ALJ or designee will also consider an HO that has access to VTC locations that SSA could use to promote the just and efficient administration of the hearing process by having the foreign claimant's hearing held at such a site.
The Chief ALJ or designee will send an acknowledgement letter to the foreign claimant identifying the HO where his or her claim has been sent and providing contact information for the HO.
The HO receiving the claim will receipt the claim and send the claimant an acknowledgement letter informing the claimant of the receipt of the request for hearing and the rules for reimbursement of expenses for foreign claimants and other information required by HALLEX I-2-0-20.
If a foreign claimant requests to appear at a hearing in the United States at a location other than the originally designated HO (i.e., the HO closest to the claimant's port of entry or the HO which the Chief ALJ or designee determined would promote the just and efficient administration of the hearing process), the designated HO will consider the request in light of the criteria in I-2-0-70 C., Changing Venue. If the request is granted, SSA will reimburse travel expenses only to the extent provided in I-2-0-72 G.3. below.
If OIO receives a request for hearing from a foreign claimant and the folder is fully electronic, OIO will contact the Chief ALJ or designee via e-mail and request that the Chief ALJ or designee designate an HO for the claim.
If the claim is an aged case, please contact the Division of Workload Management and inform them that an aged case is being transferred to an HO. An aged case is any claim that is over 750 days old.
The Chief ALJ or designee will follow the same procedures as set forth in I-2-0-72 E. for a paper claim folder to determine which HO to assign the claim.
Once the Chief ALJ or designee has determined to which HO the claim should be assigned, the Chief ALJ or designee will contact OIO with the name of the HO.
OIO will forward the claim electronically to the HO. The Chief ALJ or designee will send an acknowledgement letter to the foreign claimant identifying the HO where his or her claim has been sent and providing contact information for the HO.
Upon receipt from OIO, the HO will receipt the claim and send the claimant an acknowledgement letter informing the claimant of the receipt of the request for hearing as required by HALLEX I-2-0-20, and the rules for reimbursement of expenses for foreign claimants.
Sections 201(j) and 1631(h) of the Act authorize expenditure of funds to pay travel expenses to claimants for travel within the United States to attend proceedings before ALJs. Based on the implementing regulations (20 CFR 404.999c(d) and 416.1498(d)), SSA will reimburse a claimant only if the distance from his or her residence to the hearing site the Office of Disability Adjudication and Review selects (the designated HO) exceeds 75 miles. If a claimant travels to the United States from a foreign country for a hearing, SSA considers the port of entry closest to the designated HO to be his or her residence for the purpose of computing the 75 miles.
SSA reimburses a foreign claimant's travel expenses as follows:
If the designated HO schedules the hearing at a place within 75 miles of the claimant's port of entry, SSA will not reimburse travel expenses.
If the designated HO schedules the hearing at a place more than 75 miles from the claimant's port of entry, SSA will reimburse the claimant for travel to the hearing in accordance with the applicable regulatory provisions (20 CFR 404.999a through 404.999d and 416.1495 through 416.1499).
If the claimant requests that the hearing be held in an HO other than the HO originally designated, and the request is granted, SSA will reimburse travel expenses only if they would have been payable had the hearing been held within the jurisdiction of the originally designated HO and only in the amount that would have then been payable.
If the foreign claimant, representative, or any necessary witnesses request reimbursement of travel expenses, HO staff will follow the procedures in HALLEX I-2-3-10 H., SSA's Administrative Instructions Manual System (AIMS) Chapter 07, Instruction No. 26 (AIMS 07.26.00 ff.), and the procedures set forth in this section.
Upon receipt of the claim folders and the foreign claimant's request for hearing, the HO will send an acknowledgment letter and process the request for hearing in accordance with usual procedures.