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 is a Social Security administrative law judge disability hearing?
The administrative law judge disability hearing is the second "appeal level" in the social security administration's disability appeal system. Here is a brief outline of the first few levels of the system which apply to both SSDI and SSI claims.
1. Initial claim - This is the disability application, which is the very first level of the system. Disability applications are taken at local social security offices and are processed by disability examiners at disability determination services, otherwise known as DDS. A disability application usually stands only a thirty percent chance of being approved.
2. Request for Reconsideration - This is the second level of the system, and it is the first level of appeal. If a claim is denied at the initial claim level, a claimant may file this first appeal.
Requesting the appeal is as simple as contacting the local social security office where the claim was taken and asking that the appeal paperwork be mailed out. This appeal should be filed by a disability attorney if the claimant is represented. However, the paperwork is very simple and generally can be completed in under an hour. The most important aspect of filing this, and any, appeal is to get the appeal submitted within the 60 day appeal deadline.
Appeals that are sent in after the deadline and which do not have good cause (a justifiable reason for being late such as illness or a personal or family emergency) will not be acceptable, thus causing the claimant to start over with a new initial claim (disability application). Reconsideration appeals are also processed at DDS, usually by a disability examiner who is at a higher level. Reconsiderations are denied, nationally, at a rate of about 87 percent.
3. Request for Hearing before an Administrative Law Judge (ALJ) - This is the third level of the system and the second level of the SSDI and SSI appeal system. This level is substantially different in that the decision is not made at DDS and does not involve a disability examiner. Instead, the decision is made by a federal judge who is employed by the social security administration but who is objective and does not represent the interests of the federal government.
On average, more than sixty percent of hearings are won by claimants at hearings, particularly when the claimant is represented by a Social Security Disability lawyer (an attorney who specializes in this one area of federal administrative law).
This sums up the first three levels of the SSDI and SSI system. The remaining levels include the appeals council (which reviews the decisions of a judge who has denied a claim) and federal court of appeals.
To answer the question that is the title of this post, it may be helpful to state what the hearing involves and some of the characteristics regarding disability hearings:
continued at: Basic Facts about the Administrative Law Judge Disability Hearing
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?
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?
Applying for Disability in Michigan
Getting a Disability Lawyer in Michigan
Will I qualify for disability Benefits in Michigan
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.