BASIC (03-01)

A. Policy

1. Scheduling notice

The notice of the time and place of the hearing must be mailed at least 20 calendar days before the hearing. (See DI 33010.005A.2. for information on waiver of the advance notice.)

2. Waiver of advance scheduling notice

1. General

   A waiver of the advance notice of the hearing may be initiated by the claimant or in certain instances by a DHO.

   NOTE: If, at the time the SSA-789-U4 is filed, the claimant wishes to waive the advance notice, the FO will obtain a written statement of the waiver from the claimant.

2. Waiver Initiated by DHO

   Examples of when the DHO would initiate a waiver are when hearings require DHO travel, and when a postponement or cancellation of a hearing leaves time available for another hearing.

   When the DHO initiates the waiver, it must:

   • be made clear that the advance notice should not be waived if additional time is needed to prepare for the hearing, and

   • the claimant must sign a statement as shown in DI 33095.055. The statement should include the following wording when the claimant is waiving the 20 day advance notice of a DHU hearing:

     I have been advised of my right to be sent a notice of the time and place of my disability hearing at least 20 days before the date of my hearing. Also, I have been advised that I should not give up this right, if I need additional time to prepare for the hearing. However, I am prepared to have my hearing on or after (insert date), and hereby knowingly and willingly give up my right to be sent the 20 day advance notice as cited in 20 CFR, sections 404.914(c)(1), and 416.1414(c)(1).

     See DI 12026.020)

3. When hearing should be held

1. Generally, hearings should be held within 25 to 30 days from receipt of the claims folder in the DHU with no case exceeding 90 days from the date of the SSA-789-U4. (The DHU can determine when the SSA-789-U4 was filed from the copy it receives from the FO.)

2. When a case is not received three weeks before the 90-day period in a. above is to expire, the DHU contacts the DDS for status. A hearing may then be scheduled based on the DDS' expected completion date.

4. What to consider when scheduling hearings

Number of available DHOs.

Expected productivity.

Amount of travel required.

Type of impairment.

Whether an interpreter is required.

5. What the schedule must allow

Time for claimant/representative and DHO review of the claims folder prior to the hearing.

The hearing itself.

Preparation of the decision.

Processing of waiver of appearance cases.

B. Procedure

1. Preparation of notice of hearing

1. Use:

   • an SSA-L951-U2/C2/SP for title II and concurrent title II/XVI cases,

   • an SSA-L8052-U2/C2 for title XVI cases, or

   • a State letterhead.

2. Type “Important Information” as the third line of the letterhead when new “three line letterhead” versions are used.

3. Send a copy of the notice to the claimant's authorized representative, if any.

2. Notice language

See DI 33010.080 for language which must be contained in the scheduling notice for domestic claims, and DI 33010.085 for the language which must be contained in foreign claim cases.

NOTE: The language referenced above is required regardless of whether the distance from the claimant's residence (or place of entry into the U.S.) to the hearing site exceeds 75 miles.