Appeal Hearing Notice From the Office of Disability Adjudication and Review (ODAR)

Once you've filed your request for an appeal hearing, you should receive a notice of a hearing date that looks like this.

SOCIAL SECURITY ADMINISTRATION

Refer To:
xxx-xx-xxxx
Matthew Claimant

Office of Disability Adjudication and Review
555 Battery Street
San Francisco, CA 94111
Tel: 555-555-5555

March 1, 2012

Matthew Claimant
1234 Somestreet Drive
South San Francisco, CA 93406
NOTICE OF HEARING

I have scheduled your hearing for:

Day: Tuesday

Date: April 6, 2012

Time: 10:00 AM

Room: 3

Address: ODAR
555 Battery Street
San Francisco, CA 94111

It Is Important That You Come To Your Hearing

I have set aside this time to hear your case. If you do not appear at the hearing and I do not find that you have good cause for failing to appear, I may dismiss your request for hearing. I may do so without giving you further notice.

Complete the enclosed form

Please complete and return the enclosed acknowledgement form to let me know you received this notice. Use the enclosed envelope to return the form to me within 5 days of the date you receive this notice. We assume you got this notice 5 days after the date on it unless you show us that you did not get it within the 5-day period.

If You Cannot Come To Your Scheduled Hearing

If you cannot come to your scheduled hearing at the time and place I have set, call this office immediately. Also mail in the form right away.

If you object to the time and place, but do not request a change at the earliest possible opportunity at which you could do so before the time set for the hearing, I will rule on your request based on our standards for deciding if there is a good reason for not timely filing a request and our standards for deciding if there is a good reason for changing the time and place of a scheduled hearing. I will apply these standards in considering any objection to the set time and place that is not timely submitted.

To request a change, you must state why you object to the time or place set. You also must state the time and place you want the hearing held. You should do this in writing if at all possible.

If I find you have a good reason, I will reschedule the hearing for a time and place I set. I will also mail you another notice at least 20 days before the date of the hearing.

Travel Costs

When you, a representative, or needed witnesses will travel more than 75 miles one way to the hearing, we can pay for certain travel costs. I am enclosing a sheet explaining about our rules for doing that. Please call me if you want more information.

Issues I Will Consider In Your Case

The hearing concerns your application of January 10, 2011 for a period of disability and Disability Insurance Benefits under sections 216(i) and 223(a) of the Social Security Act (Act).

I will decide if you have enough earnings under Social Security to be insured for Disability Insurance Benefits. If you do, I must decide if you became disabled while insured.

Under the act, I may find you disabled for those benefits only if you have a physical or mental impairment that:

has prevented you from doing any substantial gainful work; and
has lasted 12 straight months or can be expected to last for that time or result in death.

To decide if you are disabled, I will follow a step-by-step process until I can make a decision. The issues in this process concern:

any work you have done since you got sick;
the severity of your impairment(s); and
your ability to do the kind of work you did in the past and, considering your age, education, and work experience, any other work that exists in the national economy.

Our regulations explain the rules for deciding if you are disabled and, if so, when you became disabled. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 404, Subpart P and Part 416, Subpart I.

More About The Issues

If you qualify for benefits based on disability, I will also decide if your disability continues. I will consider whether there has been any medical improvement in your impairment(s) or whether one of the exceptions to medical improvement stated in the regulations applies. Unless certain exceptions apply, I will find you still disabled if you have not become able to work.

If You Have Objections

If you object to the issues I have stated, or to any other aspect of the scheduled hearing, you must tell me in writing why you object. You must do this at the earliest possible opportunity before the hearing.

You May Submit Additional Evidence And Review Your File

If there is more evidence you want to submit, get it to me right away. If you cannot get the evidence to me before the hearing, bring it to the hearing. If you want to see your file before the date of the hearing, call this office.

Your Right To Request A Subpoena

I may issue a subpoena that requires a person to submit documents or testify at your hearing. I will issue a subpoena if it is reasonably necessary for the full presentation of your case.

If you want to issue a subpoena, you must submit a written request. You should submit the request as soon as possible before the hearing. The request must identify the needed documents or witnesses and their location, state the important facts the document or witness is expected to prove, and indicate why you cannot prove these facts without a subpoena.

Appeal Hearing Notice From the Office of Disability Adjudication and Review (ODAR)

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