§ 404.933 - How to request a hearing before an administrative law judge.  


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  • § 404.933 How to request a hearing before an administrative law judge.

    (a) Written request. You may request a hearing by filing a written request. You should include in your request -

    (1) The name and social security number of the wage earner;

    (2) The reasons you disagree with the previous determination or decision;

    (3) A statement of additional evidence to be submitted and the date you will submit it; and

    (4) The name and address of any designated representative.

    (b) When and where to file. The request must be filed -

    (1) Within 60 days after the date you receive notice of the previous determination or decision (or within the extended time period if we extend the time as provided in paragraph (c) of this section);

    (2) At one of our offices, the Veterans Administration Regional Office in the Philippines, or an office of the Railroad Retirement Board for persons having 10 or more years of service in the railroad industry.

    (c) Extension of time to request a hearing. If you have a right to a hearing but do not request one in time, you may ask for more time to make your request. The request for an extension of time must be in writing and it must give the reasons why the request for a hearing was not filed within the stated time period. You may file your request for an extension of time at one of our offices. If you show that you had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, we use the standards explained in § 404.911.

    [45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986]