How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

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?
Should you get a disability lawyer before you get denied in California?
Social Security Disability Back Pay in California
Social Security Disability For Mental Illness in California

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.