Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Social Security Disability Hearing - How Do I Request One?
You cannot just request a Social Security disability hearing. There is a disability process that must followed to even be eligible for a disability claim hearing before an administrative law judge.
Where does the process begin? If you have a disabling condition and you are not working, or you are working under the substantial gainful activity limit (a monthly earnings amount that Social Security considers self supporting) due to a mental or physical condition or conditions, you can begin the Social Security disability process by filing an initial disability claim.
If your initial disability claim is denied, you can choose to appeal the decision. In order to appeal your initial disability denial, you must file a request for reconsideration appeal. The reconsideration is the first appeal in the SSA disability appeal process. Only if your reconsideration appeal is denied are you eligible to request a Social Security disability hearing.
You can request a disability hearing by contacting your local Social Security office and completing the necessary paper work ,or by using the Social Security online appeal process. Recently, Social Security created an online appeal process that enables you to request your reconsideration appeal or disability hearing and provide all of your undated medical information online.
Once you complete your appeal and medical information online, you need to print your medical release form (form SSA-827 -- Social Security needs this form to request and receive medical records from your doctors), sign the form, and send or take it to your local office.
Remember, all Social Security disability denials have a sixty-five period that begins with the date of the denial notice in which to appeal the decision. Your local Social Security office must receive the appeal by the sixty-fifth day for it to be considered a timely filed appeal. It is especially important to file your disability-hearing request timely. The administrative law judges who preside over Social Security disability hearings are not very flexible about late appeals.
In fact, they routinely dismiss late hearings requests that do meet the requirements for good cause. Good cause for late filing can only be granted in situations that involve highly justifiable extraneous situations (such as hospitalization for illness).
Since it takes so long to get to the disability hearing appeal and it takes even more time to be scheduled for a hearing, make sure to request your disability hearing as soon as your receive a denial for your reconsideration to avoid the chance of having your request dismissed for late filing. If your hearing request is denied, you will have to begin the disability process again by filing a new initial disability claim.
Return to: Social Security Disability Resource Center, or read answers to Questions
Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?
Basic Facts about the Administrative Law Judge Social Security Disability Hearing
Are the Chances of Winning Disability Benefits Higher at a Social Security Hearing with a Judge?
Winning at a Social Security Disability Hearing
Social Security Disability Hearings - what to expect
What happens when you go to a Social Security disability hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Presenting evidence at a social security disability or SSI hearing
How Long Does It Take To Get The Results Of A Disability Hearing?
Do Most People Have To Go To A Disability Hearing in order to Get Approved For Disability?
Can you be approved for disability without having to go to a hearing?
Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Vocational expert at a disability hearing - what is this?
Social Security Disability Hearings - What is the ALJ
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria