| You've taken all the appropriate action recommended | | | | representation. An expert Advocate or disability |
| by the Social Security Administration (SSA) to get | | | | attorney can help with everything that is required to be |
| them to reconsider their denial decision on your | | | | well-prepared when you finally, after months of waiting, |
| disability benefits application. You've been denied, again. | | | | get to meet the judge. |
| After the reconsideration process, what should you do | | | | You Don't Have to Meet Your ALJ in Person |
| next? | | | | You may be concerned about having to travel to your |
| Ask for a Hearing | | | | hearing. For some cases this isn't an issue. You can |
| The second level in the appeals process is a hearing | | | | request a video teleconference instead. In fact, about |
| with an Administrative Law Judge (ALJ). This is quite | | | | 40 percent of hearings are held in remote locations. |
| possibly your best opportunity for getting an approval | | | | Sometimes a hearing can actually be scheduled more |
| on your disability claim because this is when you can | | | | quickly if it takes place remotely. If traveling is a |
| actually meet face-to-face with the judge and discuss | | | | problem for you, let SSA know as soon as possible |
| your case. | | | | around the time your request for a hearing is |
| As with the reconsideration process, you have 60 | | | | submitted. |
| days from the time you received your denial notice to | | | | What Happens at the Hearing |
| request a hearing with an ALJ. If you miss that window | | | | You get a completely new review at a hearing. You |
| of time, you stand a very high probability of getting | | | | will be under oath and you will be questioned, as will |
| your application totally dismissed. Then, you will have | | | | any witnesses you bring along. This is an informal |
| lost any further chances of getting disability benefits. | | | | hearing but it is recorded. After it's over, the ALJ will |
| Your request for a hearing goes to the Office of | | | | study everything and notify you in writing of the |
| Disability Adjudication and Review (ODAR), which is an | | | | decision. |
| enormous administrative adjudication system | | | | Be Prepared |
| responsible for holding hearings and issuing decisions | | | | Hearings are scheduled two to three months in |
| on Social Security disability insurance applications. | | | | advance of the date. If you have new evidence that |
| ODAR will assign your case to an ALJ at one of the | | | | will strengthen your case, submit it as soon as possible. |
| 143 hearing offices around the country. The ALJ | | | | If information arrives at the hearing office late, you |
| assigned to your case is usually located within a 75 | | | | could cause unnecessary delays in an already long |
| mile-radius from where you live. | | | | waiting process. You have plenty of time to be |
| How Long to Wait for a Disability Appeal Hearing | | | | prepared. Don't waste it. |
| The national average processing time until the final | | | | Your SSDI Advocate or lawyer will already know |
| disposition of a hearing request is 444 days. Your wait | | | | what to do to make sure you are prepared for your |
| may not be this long, however, depending on the | | | | hearing. However, if you think you still want to handle |
| hearing office. The SSA Web site provides data on all | | | | your appeal on your own, you can request your |
| 143 hearing offices so that people waiting for their | | | | hearing online at the SSA Web site, submit your |
| hearing can estimate how long it may take. | | | | request by mail, or call SSA at 800-772-1213 for more |
| Should You Get Representation? | | | | guidance on all the forms you must submit to request |
| Your hearing is your chance to prove why you should | | | | a hearing. |
| be approved for disability benefits. You can bring | | | | Remember, the hearing level is probably your best |
| witnesses to your hearing. And you can provide more | | | | chance of winning benefits. Consider an Advocate or |
| evidence to strengthen information about your medical | | | | attorney to help you. They are the experts when it |
| condition. Obviously, it is crucial that your case is as | | | | comes to understanding the appeals process and how |
| complete as possible. You can certainly handle all of | | | | to improve your chances of getting approved for |
| this on your own, but you do have the right to | | | | disability benefits. |