Social Security Disability Resource Center
Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions
Making a Request for a Disability Hearing
After an application for social security disability (SSD) or SSI benefits has been denied by DDS (disability determination services, although the name of the disability agency may vary slightly from state to state), you can file a request for reconsideration, which is basically an appeal to DDS to review your medical and work history again and then reconsider their decision.
Unfortunately, the vast majority of reconsideration appeals (85 percent) are also denied, so most disability applicants will ultimately be faced with a decision: 1) file a new claim; or 2) request a disability hearing.
If you decide to file a new claim, be advised that you will once again have to wait months for your new application to be reviewed, many more months for an answer to a reconsideration appeal, and that the chances of your claim being approved are no better than they were the first time around.
That is why, for just about all claimants, the next best step after being denied on a disability application and then again being denied on a reconsideration appeal is to: request a hearing before an administrative judge.
A judge is statistically more likely to grant disability benefits than a disability examiner; 40 to 60% of all disability cases heard by a judge are approved. The only drawback to the disability hearing is that it takes a long time to get a hearing on the scheduling calendar. The backlog of disability cases waiting to be heard varies depending on the area in which you live, but a year-long wait is not abnormal, and two years is the norm in some places.
The other thing to strongly consider if you are requesting a hearing is that your chance of being approved for benefits rises significantly (20 percent) when you have legal representation at the hearing. Using a disability lawyer or non-attorney rep who is familiar with concepts and terminology that must be presented in order to satisfy the legal definition of disability is strongly advised.
After either you or your disability attorney requests a hearing, there is nothing much a claimant can do but wait for the case to come up. During some of that waiting period someone in the administrative hearing office will “work up” your case to prepare it for adjudication, marking pieces of evidence in the file as exhibits to be referred to at the hearing. Preparing a case for hearing in this manner is essential, of course, but is not really why it takes so long for a case to appear before a judge. The real reason is simply an increase in the number of disability cases being filed and resultant backlogs.
One thing that can be done by either the claimant or his or her legal disability representative upon requesting a hearing with social security is to call the hearing office to check the claim status. You need to make sure that social security has received your request and transferred it to the hearing office--it is not unusual for claimants to discover that they have been waiting for months to receive a hearing notice when the request for the hearing was never even received. Make a call to both the social security office and the hearing office a couple of weeks after filing a hearing request to protect yourself from this particular source of frustration.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability SSI and whether or not you can work
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Questions and Answers
More Social Security Disability SSI Questions and Answers
Common Questions about Social Security Disability and SSI
Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Medical exams for disability claims
Applying for Disability in various states
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
Frequently asked questions about getting Denied for Disability Benefits
FAQ on Disability Claim Representation
Disability hearings before Judges
Selecting and hiring Disability Lawyers
Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Filing for Social Security Disability or SSI Benefits
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
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
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
For Individuals living in North Carolina
Applying for Disability in North Carolina
North Carolina Disability Lawyer
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
The Judge and the decision after the disability hearing for SSDI or SSI
Can I receive back pay all the way back to my first SSD or SSI disability claim years ago?
What conditions qualify or get you approved for SSD or SSI disability?
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