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