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U.S. Code as of:
01/19/04
Section 1009. Hearings and review
(a) Hearings
(1) In general
The Commissioner of Social Security shall make findings of fact
and decisions as to the rights of any individual applying for
payment under this subchapter. The Commissioner of Social
Security shall provide reasonable notice and opportunity for a
hearing to any individual who is or claims to be a qualified
individual and is in disagreement with any determination under
this subchapter with respect to entitlement to, or the amount of,
benefits under this subchapter, if the individual requests a
hearing on the matter in disagreement within 60 days after notice
of the determination is received, and, if a hearing is held,
shall, on the basis of evidence adduced at the hearing affirm,
modify, or reverse the Commissioner of Social Security's findings
of fact and the decision. The Commissioner of Social Security
may, on the Commissioner of Social Security's own motion, hold
such hearings and conduct such investigations and other
proceedings as the Commissioner of Social Security deems
necessary or proper for the administration of this subchapter. In
the course of any hearing, investigation, or other proceeding,
the Commissioner may administer oaths and affirmations, examine
witnesses, and receive evidence. Evidence may be received at any
hearing before the Commissioner of Social Security even though
inadmissible under the rules of evidence applicable to court
procedure. The Commissioner of Social Security shall specifically
take into account any physical, mental, educational, or
linguistic limitation of the individual (including any lack of
facility with the English language) in determining, with respect
to the entitlement of the individual for benefits under this
subchapter, whether the individual acted in good faith or was at
fault, and in determining fraud, deception, or intent.
(2) Effect of failure to timely request review
A failure to timely request review of an initial adverse
determination with respect to an application for any payment
under this subchapter or an adverse determination on
reconsideration of such an initial determination shall not serve
as a basis for denial of a subsequent application for any payment
under this subchapter if the applicant demonstrates that the
applicant failed to so request such a review acting in good faith
reliance upon incorrect, incomplete, or misleading information,
relating to the consequences of reapplying for payments in lieu
of seeking review of an adverse determination, provided by any
officer or employee of the Social Security Administration.
(3) Notice requirements
In any notice of an adverse determination with respect to which
a review may be requested under paragraph (1), the Commissioner
of Social Security shall describe in clear and specific language
the effect on possible entitlement to benefits under this
subchapter of choosing to reapply in lieu of requesting review of
the determination.
(b) Judicial review
The final determination of the Commissioner of Social Security
after a hearing under subsection (a)(1) of this section shall be
subject to judicial review as provided in section 405(g) of this
title to the same extent as the Commissioner of Social Security's
final determinations under section 405 of this title.
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