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

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.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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