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Overview of Disability

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Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

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Social Security List of Conditions

What Social Security considers disabling

Medical Evidence and Disability

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Requesting a Social Security Hearing when you have a Disability Representative or Attorney




 
Continued from: How do I request a social security disability hearing

If you are represented, the disability attorney will handle your hearing request for you. And in doing so, the attorney will submit all the necessary forms including medical release forms (form SSA-827). Typically, at the hearing level, no further case development is done by the social security administration, meaning that social security no longer gathers medical records for your case and this now becomes the responsibility of the claimant and the claimant's attorney. However, there are instances in which a staff attorney at a hearing office may decide to do further development on the case and, for this reason, it is a good idea to send medical release forms so that medical records can be requested if needed.

Lastly, if you have a disability attorney and that individual is sending in your request for a hearing, and they are also new to your case (meaning you have recently retained their services), they will submit additional forms such as a form SSA-1696 (appointment of representative) and a fee agreement form.

What happens after the hearing appeal request has been submitted?

A request for a disability hearing is sent to a social security office. From there, it is transmitted to the hearing office which has jurisdiction for that area. Once there, it may take a long number of months for the case to be assigned to an administrative law judge and then scheduled for a hearing appointment date.

At some point along the way, the claimant and/or the claimant's disability representative may be notified that the case file has gone through a workup and that the exhibit list has been completed. Note: The exhibit list is a listing of everything in the claimant's file, including all the medical evidence that was gathered by the social security administration at earlier levels, as well as any additional medical evidence that was submitted by either the claimant or their representative.

The completion of the exhibit list usually signals to the claimant's attorney that it is time to obtain a copy of the file. In prior years, this meant physically copying the entire file. Now, however, the entire file, including all the various exhibits, is available on disc. The availability of the exhibit list also indicates that the hearing is closer to being scheduled.

How will the claimant know that they have a hearing date? They will be sent a notice of hearing which will include the date, time, and place of the hearing, including the name of the administrative law judge who will hold the hearing. This hearing notice will be sent to both the claimant and their attorney. It will also be sent at least 20 days before the date of the hearing to give both the claimant and their representative time to prepare and ensure that they do not have scheduling conflicts with the date.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Related pages:

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?
How do I request a social security disability hearing - How do I file?
Requesting a Social Security Hearing when you have a Disability Representative or Attorney
How long does a request for a disability hearing appeal take?
What are the odds of a judge giving you a disability denial?
What is a Social Security administrative law judge disability hearing?
What is the time frame for a judge to make a decision for a disability hearing?
How should I prepare for a disability hearing with Social Security?
What are the questions that get asked at a social security disability or SSI hearing?



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