TN 21 (01-12)

A. Requests to withdraw a hearing

If claimant wishes to withdraw a request for hearing before the hearing is held or before the administrative law judge (ALJ) mails the ALJ decision, the ALJ may dismiss the hearing (For information on hearing dismissals, see GN 03103.220). When more than one person is a party to the hearing, the ALJ may dismiss the hearing only if all parties consent.

The claimant can make the request to withdraw the hearing request in writing or orally at the hearing. The claimant may withdraw a hearing request in writing by submitting the form HA-85 Request to Withdraw a Hearing Request or other written document that includes the following information.

• number holder’s name and social security number,

• the claimant's name,

• a statement of why the claimant wishes to withdraw or amend the hearing request,

• a statement that the claimant understands the effect of the request, and

• the claimant's address.

B. Procedure when FOs and PCs receive a request to withdraw

1. When the servicing field office receives a withdrawal request

When the servicing field office (FO) receives the withdrawal request, the FO develops to see if all parties agree to the withdrawal. Prepare a sufficient number of copies of the withdrawal request and distribute the copies the same as the Form HA-501-U5 (Request for Hearing by Administrative Law Judge). Send the original to the ALJ.

2. When the payment center receives a withdrawal request

When the payment center (PC) receives a withdrawal request, the PC should either send it:

1. To the servicing FO (if development is needed to see if all parties agree to withdrawal); or

2. To the ALJ (if all parties agree to withdrawal) with a copy to the servicing FO.