In re Garduno

(SSA Office of Hearings & App. Jan. 31, 1997) ; Clearinghouse Number: 51552

Description

Disability Claim Remanded for Determination of Whether Claimant’s Previous Representative Appeared at Scheduled Hearing

Abstract

The Appeals Council has remanded this claim for disability benefits for a determination of whether an claimant’s previous representative appeared at the scheduled hearing on claimant’s behalf. The administrative law judge had dismissed claimant’s appeal for failure to appear. On appeal, claimant’s representative asserted that a previous representative had appeared at the scheduled hearing, but that claimant himself had not appeared. The Appeals Council held that, if claimant’s earlier representative had appeared at the scheduled hearing without claimant, the administrative law judge should have determined whether claimant was an essential witness for a proper determination in the case. Because the evidence in the record was insufficient to determine whether an earlier representative appeared at the scheduled hearing, the Appeals Council remanded the case.

Additional Information

Docket Date
1997-01-31 00:00:00+00:00