
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1009]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER VIII--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
 
Sec. 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.

(Aug. 14, 1935, ch. 531, title VIII, Sec. 809, as added Pub. L. 106-169, 
title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1851.)


                            Prior Provisions

    For prior provisions, see note set out under section 1001 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 1007 of this title; title 31 
section 3716.
