POMS Reference

GN 03103: Hearings (Title II and Entitlement Under Title XVIII)

TN 17 (11-11)

A. Adverse claims

The administrative law judge (ALJ) may notify a beneficiary or other persons who did not request the hearing, to appear at the hearing and protect his or her interests, if the ALJ’s decision adversely affected his or her rights. (For information on adverse claims, see GN 01010.100 and GN 04020.020.)

B. FO action

  • If the person receives a notice to appear at the hearing inquires, advise him or her about the possible adverse effect of the ALJ's decision upon his or her rights; and, why his or her evidence and testimony are material. Tell the person that he or she may appear either in person or by counsel, or may file a written brief. Give the person a copy of the appeals pamphlets.

  • If a person did not receive a notice from the ALJ asks to be a party to the hearing, help him or her prepare a letter or statement to that effect and send it to the ALJ.