Last Update: 9/28/05 (Transmittal I-2-66)
A claimant has the right to appear before the ALJ, either personally or through a designated representative (20 CFR §§ 404.950(a) and 416.1450(a)). If a claimant lives outside the United States and does not inform the ALJ assigned to conduct the hearing that he or she wishes to appear, and there are no other parties to the hearing who wish to appear, the ALJ may decide the case on the record and not conduct a hearing (20 CFR §§ 404.948(b)(1)(ii) and 416.1448(b)(1)(ii)).
Sections 201(j) and 1631(h) of the Social Security Act state the authority for the payment of certain travel expenses to claimants, representatives, and all reasonably necessary witnesses who attend ALJ hearings. This reimbursement is statutorily limited to travel within the United States. 20 CFR §§ 404.999a ff. and 416.1495 ff. implement these statutory authorities.
Individuals who reside in “the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa” are residents of the United States for the purposes of Title II [see §210(i)]. In addition, residents of the Northern Mariana Islands are residents of the United States if the individual is applying for special age 72 benefits under section 228 of the Act. Individuals who live in the 50 States, the District of Columbia, and the Northern Mariana Islands are residents of the United States for the purposes of Title XVI; however, an individual shall not be considered an eligible individual for any month during which such individual is outside the United States. (20 CFR § 416.1603(c). See also 20 CFR § 408.1045 for Special Veterans Benefits under Title VIII.).
NOTE:
“Foreign claimant,” as defined herein, refers to residence, not citizenship.
A claimant for Title II benefits is a foreign claimant if he or she has requested a hearing and does not reside in the 50 States, the District of Columbia, American Samoa, Guam, Puerto Rico, or the Virgin Islands. A resident of the Northern Mariana Islands is a foreign claimant unless he or she is filing for special age 72 benefits under section 228 of Title II of the Act or for Title XVI benefits.
A Title XVI claimant is a foreign claimant if he or she has requested a hearing and does not reside in the 50 States, the District of Columbia, or the Northern Mariana Islands.
Therefore, Title XVI requests for hearing from foreign claimants are ordinarily limited to cases in which:
SSA issued the initial and reconsideration determinations on an individual's SSI application while the claimant was a United States resident, and
Thereafter, the claimant moved out of the country.
The ALJ may find such claimant disabled or eligible for SSI benefits for the time the claimant resided in the United States during the pendency of the application.
A claimant, including a foreign claimant or a claimant under Title VIII, must request a hearing in writing [20 CFR §§ 404.933(a) and 416.1433(a)]. See I-2-0-40 C, Request for Hearing – Filing Requirements – How to File the RH. The claimant may file the request at any SSA office or any United States Foreign Service Office [20 CFR § 404.614(b)(1)]. Foreign claimants may also file hearing requests on Title II claims at the Veterans Administration Regional Office in the Philippines, or with the Railroad Retirement Board [20 CFR § 404.933(b)(2)]. Foreign claimants must also timely file the RH. See I-2-0-50, Timely Request for Hearing – Filing Requirements.
SSA's Office of International Operations (OIO), in Baltimore, Maryland, has jurisdiction over cases involving foreign claimants (except Title XVI cases) and maintains claim folders for these cases.
Upon receipt of the “Claim File Copy” of a RH from a foreign claimant, OIO will locate and prepare the claim folder and send it to:
Office of Hearings and Appeals, SSAUpon receipt from OIO of a foreign claimant's RH and claim file, the Chief ALJ or designee will designate the hearing office (HO) that will conduct the hearing, and forward the request for hearing and claim file to that office for assignment to an ALJ. The Chief ALJ or designee will designate the HO as follows:
If neither the foreign claimant, other claimant, or representative requests to appear at a hearing in the United States, the Chief ALJ or designee will designate an HO which can handle the case most expeditiously.
If the foreign claimant does not wish to appear at a hearing in the United States, but a United States resident, who is either a claimant or claimant's representative, does wish to appear, the Chief ALJ or designee will designate the HO which services the residence of the claimant who is a United States resident, or the business office of a claimant's representative.
If a foreign claimant requests to appear at a hearing in the United States, the Chief ALJ or designee will ordinarily designate the hearing office which is closest to the claimant's point of entry. However, an HO other than the one closest to the point of entry may be designated if it would promote the just and efficient administration of the hearing process. SSA will reimburse travel expenses as provided in I-2-0-72 F. below.
If a foreign claimant requests to appear at a hearing in the United States at a location other than the originally designated HO (i.e., the HO closest to the claimant's point of entry or the HO which the Chief ALJ or designee determined would promote the just and efficient administration of the hearing process), the Chief ALJ or designee will consider the request in light of the criteria in I-2-0-70 C., Changing Venue. If the request is granted, SSA will reimburse travel expenses only to the extent provided in I-2-0-72 F.3., below.
In making such assignment, the Chief ALJ shall also consider a HO which has videoconference locations which could be used to promote the just and efficient administration of the hearing process by having the foreign claimant's hearing held at such site.
The Social Security Act (§§ 201(j) and 1631(h)) authorizes expenditure of funds to pay travel expenses to claimants for travel within the United States to attend proceedings before ALJs. The implementing regulations (20 CFR §§ 404.999c(d) and 416.1495) state that SSA will reimburse a claimant who travels more than 75 miles to a hearing site OHA selects. If a claimant travels to the United States from a foreign country for a hearing, SSA considers the point of entry (i.e., the location at which the claimant first enters the United States) to be his or her residence or office for the purpose of computing the 75 miles.
SSA reimburses a foreign claimant's travel expenses as follows:
If the designated HO schedules the hearing at a place within 75 miles of the claimant's point of entry, SSA will not reimburse travel expenses.
If the designated HO schedules the hearing at a place more than 75 miles from the claimant's point of entry, SSA may reimburse the claimant for travel to the hearing.
If a foreign claimant requests that the hearing be held in the service area of an HO other than the HO originally designated (i.e., the HO nearest the claimant's point of entry or the HO the Chief ALJ or designee decided would best facilitate the just and efficient administration of the hearing process), and the Chief ALJ or designee grants the request, SSA may reimburse travel expenses only if such expenses would have been payable had the hearing been held within the jurisdiction of the originally designated HO and only in the amount that would have then been payable.
If the foreign claimant, representative, or any necessary witnesses request reimbursement of travel expenses, the HO staff will follow the procedures in SSA Administrative Instructions Manual System (AIMS) Chapter 07, Instruction No. 26 (AIMS § 07.26.00 ff.) and the policy set forth in this section.
Upon receipt of the claim folders and the foreign claimant's request for hearing, the HO will process the request for hearing in accordance with usual procedures.