SSR 76-43: SECTIONS 1631(c) (42 U.S.C. 1383(c)) -- SUPPLEMENTAL SECURITY INCOME -- HEARINGS AND APPEALS -- EFFECT OF ABANDONMENT

20 CFR 416.1423, 416.1450, and 416.1453

SSR 76-43

The claimant filed his application for Aid to the Disabled with the State

after June of 1973. He was determined to be disabled and entitled to

disability benefits from the State in October of 1973. On January 1, 1974,

claimant was converted from the State to the Federal disability program.

On September 1, 1974, the claimant was notified that since he had not

received any disability check from the State for any month prior to July

1973 and since it had been determined that he did not meet the Federal

standard of disability, then he was not entitled to receive any

supplemental security income benefits. He requested a reconsideration of

that determination on October 7, 1974. Claimant was advised on or about

November 14, 1974, that his original denial had been affirmed and the

Social Security Administration terminated his benefits at that time.

On May 29, 1975, the claimant was notified that he had been receiving

supplemental security income benefits for the months of December 1974

through the date of the notification because the Federal court in the case

of Buckles v. Weinberger , 398 F. Supp. 931 (1975), held that the

Social Security Administration had used improper procedures to terminate

his benefits. Claimant was further instructed that if he still disagreed

with the initial and reconsidered determinations, he could request a

hearing and his benefits would be continued through the rendering of a

decision on his claim. The claimant filed a timely request for a hearing

on June 27, 1975. A notice of hearing was mailed on November 7, 1975, to

the same address that the claimant listed in his request for hearing dated

June 27, 1975. Prior to the hearing, a subsequent letter was mailed to the

claimant on November 28, 1975. This letter was mailed to the claimant

because he had not returned a card indicating whether he would appear at

the hearing nor had he contacted the Hearing Examiner as to his

intentions

November 7, 1975, to

the same address that the claimant listed in his request for hearing dated

June 27, 1975. Prior to the hearing, a subsequent letter was mailed to the

claimant on November 28, 1975. This letter was mailed to the claimant

because he had not returned a card indicating whether he would appear at

the hearing nor had he contacted the Hearing Examiner as to his

intentions. The claimant did not appear at the hearing nor did he respond

to the letter dated November 28, 1975.

On December 19, 1975 a notice to show cause for failure to appear was

mailed to the claimant by certified mail, return receipt requested. The

certified letter was returned with the notation "refused" stamped on it.

The certified letter had been mailed to the address listed by the claimant

on his request for hearing.

The appropriate sections of Regulations No. 16 as apply here are as

follows:

§ 416.1423 Effect of a reconsidered determination. The reconsidered

determination shall be final and binding upon all parties to the

reconsideration unless a hearing is requested and a decision rendered or

unless such determination is reopened and revised, pursuant to § 416.1475

and § 416.1477, or unless the expedited appeals process is used, in

accordance with § 416.1424 et. seq .

§ 416.1450 Dismissal by abandonment of party. With the approval of the

presiding officer, a request for hearing may also be dismissed upon its

abandonment by the party or parties who filed it

cision rendered or

unless such determination is reopened and revised, pursuant to § 416.1475

and § 416.1477, or unless the expedited appeals process is used, in

accordance with § 416.1424 et. seq .

§ 416.1450 Dismissal by abandonment of party. With the approval of the

presiding officer, a request for hearing may also be dismissed upon its

abandonment by the party or parties who filed it. A party shall be deemed

to have abandoned a request for hearing if neither the party nor his

representative appears at the time and place fixed for the hearing and

either: (a) prior to the time for hearing such party does not show good

cause as to why neither he nor his representative can appear; or, (b)

within a reasonable period after furnishing of notice to him by the

presiding officer to show cause, such party does not show good cause for

such failure to appear and failure to notify the presiding officer prior

to the time fixed for hearing that he cannot appear.

§ 416.1453 Effect of dismissal. The dismissal of a request for hearing

shall be final and binding unless vacated in accordance with §

416.1454.

Pursuant to the above cited sections of the regulations, the Hearing

Examiner concludes that the claimant's request for hearing should be

dismissed as the claimant has abandoned his request for a hearing.

The dismissal means that the findings in the reconsideration

determination are binding on the claimant since no further decision was

rendered (Regulations No. 16, section 416.1423). The reconsideration

determination affirmed the initial determination which held that the

claimant was not disabled.

Since the claimant is in pay status because of the Federal court decision

this dismissal means that his benefits should be ceased immediately and it

also means that the claimant is considered not to have been disabled for

any month after December 1973.