Current through November 30, 2024
Section 404.930 - Availability of a hearing before an administrative law judge(a) You or another party may request a hearing before an administrative law judge if we have made- (1) A reconsidered determination;(2) A revised determination of an initial determination, unless the revised determination concerns the issue of whether, based on medical factors, you are disabled;(3) A reconsideration of a revised initial determination concerning the issue of whether, based on medical factors, you are disabled;(4) A revised reconsidered determination;(5) A revised decision based on evidence not included in the record on which the prior decision was based;(6) An initial determination denying waiver of adjustment or recovery of an overpayment based on a personal conference (see § 404.506 ); or(7) An initial determination denying waiver of adjustment or recovery of an overpayment based on a review of the written evidence of record (see § 404.506 ), and the determination was made concurrent with, or subsequent to, our reconsideration determination regarding the underlying overpayment but before an administrative law judge holds a hearing.(b) We will hold a hearing only if you or another party to the hearing file a written request for a hearing.45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986; 61 FR 56132, Oct. 31, 1996; 73 FR 2415 , Jan. 15, 2008; 76 FR 24806 , May 3, 2011