With each notice of hearing, Office of Hearings Operations (OHO) management, through designated staff, will send a form HA-504, Acknowledgment of Receipt (Notice of Hearing), or the Spanish version, HA-504-SP, to the claimant and appointed representative, if any. See HALLEX I-2-3-45 for more information on when to send a Spanish version of the Acknowledgement of Receipt (Notice of Hearing).
If OHO mailed a notice of hearing at least 75 days before the date set for the hearing but does not receive the acknowledgment form at least 30 days before the hearing, OHO staff will attempt to contact the claimant or appointed representative, if any, for an explanation. Similarly, if OHO mailed an amended notice of hearing or notice of supplemental hearing at least 20 days before the hearing date but does not receive the acknowledgment form at least 10 days before the hearing, OHO staff will attempt to contact the claimant or appointed representative, if any, for an explanation. See 20 CFR 404.938(c) and 416.1438(c).
OHO staff will attempt to contact the claimant or representative, if any, either by sending a written Reminder to Return Acknowledgment Form, or by telephone, asking for an explanation and whether they plan to attend the hearing. See 20 CFR 404.938(c) and 416.1438(c). To generate the Reminder to Return Acknowledgement Form, OHO staff will access the “Notice of Hearing Reminder” template in the claimant's case in the Hearings and Appeals Case Processing System (HACPS) or in the Document Generation System (DGS) by selecting “Notices” and “Notice of Hearing Reminder.” OHO staff will add a copy of the written reminder to the claim(s) file.
An attempted telephone contact includes calling the claimant or the representative's telephone number(s) listed in the file at least twice. OHO staff must verify the identity of the claimant or representative prior to discussing information about the hearing. See Program Operation Manual System (POMS) GN 00203.020 for details. If there is no number in the file or the listed number(s) is inactive or has a continuous or fast busy signal, OHO staff will check for an updated telephone number in the following systems:
If OHO staff find a different telephone number, they will re-attempt contact with the claimant or representative, if any. If there is no telephone number on record and the claimant is unrepresented, OHO staff will send the claimant the Reminder to Return Acknowledgment Form.
If OHO staff leave a message with an answering machine, voice mail service, or someone other than the claimant, OHO staff will make one more attempt to contact the claimant. When leaving messages, OHO staff will follow the procedures in paragraphs 8 and 9 of the Pre-Hearing Initial Contact (PHIC) Desk Guide, referenced in Standard Hearings Operations Procedure (SHOP) 1.4.10, and leave the following message, asking the claimant to call back the staff member:
“This is [OHO EMPLOYEE NAME] from the Social Security Administration, calling for [CLAIMANT'S NAME]. Please have [CLAIMANT] return my call at [PHONE NUMBER].”
If OHO staff attempts to contact the claimant or representative by telephone at any time prior to the date set for the hearing, staff must document the attempted contact on a form SSA-5002, Report of Contact (ROC). The ROC must include information on whether staff made contact with an individual and, if so, the identity of the person with whom staff spoke and the date and content of the conversation. OHO staff will associate the ROC with the claim(s) file.
If a claimant or appointed representative, if any, verbally informs OHO staff that they received the notice of hearing and that neither the claimant nor the representative, if any, plans to attend the scheduled hearing, OHO staff will document the conversation on a ROC, associate it with the claim(s) file, and ask them to return the HA-504 confirming the intent not to appear at the scheduled hearing.
A notice is “received” if either the claimant or the representative receives it.
If the claimant or representative received the notice of hearing and does not plan to attend the scheduled hearing but verbally asks to attend a hearing at another time or place, OHO staff will notify them that staff must receive the request in writing, pursuant to Hearings, Appeals and Litigation Law (HALLEX) manual I-2-3-12. OHO staff will memorialize the conversation with a ROC and associate it with the claim(s) file. The administrative law judge (ALJ) must consider whether there is good cause to change the time or place of the hearing, pursuant to HALLEX I-2-3-12 C.
If the ALJ finds good cause, OHO management, through designated staff, will reschedule the hearing, and OHO staff will send an amended notice of hearing and Form HA-504. OHO staff must send the amended notice at least 20 days before the date of the new hearing. Refer to SHOP section 4.3.1 for mailing guidelines for centrally printed and manually mailed notices.
OHO management, through designated staff, will select the date for the new hearing, which must be at least 75 days after the date the agency first sent the claimant a notice of hearing under HALLEX I-2-3-15, unless the claimant has waived their right to advance notice. For more information about when the claimant waives their right to advance notice, see HALLEX I-2-3-25. OHO staff may access the appropriate documents in HACPS or in DGS by selecting “Correspondence,” then “Pre Hearing” and “PH-36G-Good Cause Found” or “PH37G - Postponement.”
If the claimant or the appointed representative, if any, states that they did not receive the notice of hearing, prior to collecting information, such as updated address information or whether they plan to attend the hearing, by telephone, staff will read the following Privacy Act statement to the claimant or representative:
Sections 205 and 1631 of the Social Security Act allow us to collect this information, which we will use to show that you agreed to appear at your hearing with an administrative law judge. Providing us this information is voluntary, but not providing the information may prevent an accurate and timely decision on your claim. As law permits, we may disclose, your information per routine uses in System of Records Notices 60-0005, 60-0089, and 60-0320; available at www.ssa.gov/privacy. Your information may also be used in computer matching programs to establish or verify eligibility for Federal benefit programs and recoup debts under these programs.
OHO staff will verify the claimant and/or representative's address and send a new notice of hearing, which includes the Privacy Act statement, by certified mail with return receipt requested at least 75 days before the hearing. Refer to SHOP section 4.3.1 for mailing guidelines for centrally printed and manually mailed notices. Even if the claimant waives their right to advance notice of hearing, OHO staff will send the notice of hearing. OHO staff will send any subsequent correspondence in the same manner and retain the return receipt(s) in the claim(s) file.