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 Social Security Disability or SSI Claim gets Denied on a Reconsideration Appeal?

If the case was denied at the reconsideration appeal level, the disability lawyer will submit the second appeal that is available to claimants, a request for hearing before an administrative law judge. This appeal will, as was the case with the reconsideration, be sent to the social security office that has jurisdiction over the case.

However, instead of being forwarded by the social security office to DDS, it will be sent to ODAR. ODAR stands for office of disability adjudication and review, although it is commonly referred to as simply "the hearing office."

At the hearing office, the case will generally be put on hold for a long number of months due to large backlogs at this level of the disability system. The backlogs for hearing requests vary across the nation, but it is not unusual for a hearing request to take a year or longer before a hearing date is granted.

During that time, the claimant should notify their disability attorney of any changes in their situation (such as diagnosed conditions, new medical treatment, new doctors or procedures, etc). The attorney should further be kept up-to-date regarding changes in contact information should the claimant move or change their phone number.

While the case is waiting to be scheduled for a hearing, the claimant can periodically request a status update on their case. This will involve having the disability attorney contact the hearing office and speaking to a clerk.

Generally, however, the only practical value of this will be to verify that the case was, in fact, transferred from the social security office (where the hearing request was sent by the attorney) to the hearing office. Other than that, the hearing office will usually be unable to say much on a status call. However, if the case has been assigned to a specific judge, the hearing office will be able to verify that.

As the case gets closer to being scheduled, however, the hearing office may send out a copy of what is known as the exhibit list. This is a listing of everything that is in the claimant's disability file (including copies of prior decisions, all the gathered medical evidence, the claimant's original application for disability, and pertinent case materials) which may be referred to at the hearing. For the sake of convenience and clarity, each item is marked as a numbered exhibit.

Generally, when the exhibit list has been made, this signifies that the case is much closer to being scheduled, and this usually happens within 90 days of the receipt of the list.

The receipt of the exhibit list by the attorney will also be taken as an opportunity for the attorney to start sending out requests for updated medical records to the claimant's medical treatment sources. The trick, of course, to requesting updated (i.e. recent) medical records is that, by the time that the hearing takes place these records, in order be considered currrent, should not be older than 60 days.

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:

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?

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.