TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF REHABILITATION SERVICES
SUBCHAPTER g: BUREAU OF DISABILITY DETERMINATION SERVICES
PART 853 DISABILITY HEARINGS AT THE RECONSIDERATION LEVEL
SECTION 853.80 NOTIFICATION OF THE HEARING


 

Section 853.80  Notification of the Hearing

 

a)         A notice will be sent to the beneficiary and representative, if any, at least 20 days, excluding mail time, prior to the scheduled hearing date unless the beneficiary has waived such a notice by completing form SSA-773-U4.

 

b)         The notice will explain the following information:  

 

1)         The date, time and location of the hearing;

 

2)         The beneficiary's right to appoint a representative for the hearing;

 

3)         The beneficiary's right to request assistance in obtaining evidence for the hearing, including a subpoena to produce evidence;

 

4)         The beneficiary and representative's right to review the case file on the day of the hearing or to make arrangements to review the file prior to the date of the hearing;

 

5)         The beneficiary's right to present witnesses and question witnesses at the hearing;

 

6)         The beneficiary's right to waive appearance at the hearing;

 

7)         The beneficiary's right to request an interpreter;

 

8)         The name, address and telephone number of the hearing officer who will conduct the hearing;

 

9)         Travel reimbursement procedures if the beneficiary is required to travel more than 75 miles one way for the hearing.

 

c)         The Department recognizes that the SSA district office generally determines whether Spanish language scheduling notices are required in a particular case.  Spanish language scheduling notice will be sent to beneficiaries who meet one or more of the following criteria:  

 

1)         The application shows the individual was born in Puerto Rico or a country where Spanish is the primary language.

 

2)         The individual has a Spanish surname.

 

3)         The individual lives in a known Spanish-speaking area as determined by the SSA district office.

 

4)         The SSA district office interview is conducted in Spanish or with the assistance of a translator.

 

5)         The individual has difficulty with English during the interview but shows familiarity with Spanish.

 

d)         In the event one or more of the Spanish language criteria are met and the beneficiary does not wish to receive Spanish language notices, the beneficiary will be requested to sign a waiver form SSA-381-SP.  The beneficiary will be informed that the decision regarding Spanish notices can be changed at any time by contacting the local SSA district office.

 

e)         When there is evidence that the beneficiary is unable to understand a written notice or has difficulty complying with instructions given, the Disability Hearing Division will request assistance for the beneficiary through the SSA district office.