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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

What happens if a reconsideration for Social Security Disability or SSI is denied?



 
If your reconsideration appeal has been denied, and you are still disabled and unable to go back to work, you need to contact Social Security to appeal your denial. You have sixty-five days from the date of your denial notice (the date is usually stamped in the upper right hand corner of the notice of denial) to file a request for a hearing before an administrative law judge.

Late appeals and good cause

At this point, you must be especially careful to file your appeal "timely" as administrative law judges are not very flexible with regard to appeals that, for whatever reason, are not filed on time. If you are late in filing your hearing request, you should send evidence that supports the reason you were late filing your appeal. In some instances, a late appeal can be accepted under good cause. If you do not have a good reason for filing late, of course, your hearing request is likely to be dismissed by the administrative law judge after they receive your case.

Submitting the disability hearing request

As with the request for reconsideration, the hearing request is submitted to the Social Security office where your claim was initiated. After the request is processed, your file is transferred to the hearing office, officially known as ODAR, the office of disability adjudication and review.



However, after your disability hearing request has been submitted, you should not be surprised if you do not hear anything for a few months. Due to an increase in disability hearing requests, you are likely to wait anywhere from five months to fifteen months to get a hearing scheduled.

While the wait may seem never-ending, the administrative law judge hearing offers you the best chance of being approved for SSI or approved for Social Security Disability benefits. While statistics vary from state to state, the national average approval rate for disability hearings fluctuates between sixty and sixty-five percent, thus making it the most favorable level of the Social Security Disability process at which a claimant can hope to win disability benefits.

The disability hearing and what happens

When you get to the hearing office, you will be taken to a conference room for your disability hearing. Social Security Disability hearings are not open to the public, so there are very few people in attendance. Generally, the judge, you, your disability representative, and a court reporter are in the conference room. However, there may be medical and/or vocational experts in the room as well.

The judge will most likely ask you questions about your disabling condition and how it limits your ability to perform routine daily activities including work activity. The important thing to remember is to answer the questions honestly and thoroughly; but remember that the judge probably has a busy schedule of hearings for the day. Some ALJs schedule hearings every half hour. Some even schedule hearings every ten minutes apart. Obviously, disability hearings tend to be somewhat brief.

The judge may also ask your representative questions or your representative may be asked to present specific medical evidence that supports an approval for disability, or they may have to present your disability case.

If you did not obtain the services of a Social Security representative for your reconsideration appeal, you should consider obtaining representation for your disability hearing. Although administrative law judge disability hearings are less formal than ordinary hearings, they still involve a judge, rules, and guidelines. Social Security representatives, being familiar with the Social Security Disability guidelines and vocational rules that are used to direct decisions on cases, can help to maximize a claimant's chances of winning benefits.








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

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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



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Related pages:

What Happens if a Social Security Disability or SSI Claim gets Denied on a Reconsideration Appeal?
The Disability reconsideration Appeal - what is it and how do you file for it?
What happens if a reconsideration for Social Security Disability or SSI is denied?
Does The Social Security Reconsideration Take as Long As The Disability Application?
Does The Social Security Disability Reconsideration Have A Time Limit?
How long does it take to get an answer on a Social Security Reconsideration Appeal?
Disability Approval Chances at the Social Security Reconsideration and Hearing Levels
What Can You Do to Make Sure Your Social Security Disability Reconsideration Gets Approved?
Do Most Social Security Disability Reconsiderations Get Turned Down?
The difference between an Application for disability and a Social Security Reconsideration?
If you apply for disability in New Mexico
Getting a Disability Lawyer in New Mexico



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.