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
Appearing at the ALJ Hearing for Social Security Disability and SSI Benefits
Typically, the Social security disability lawyer who assists the claimant in presenting the SSD or SSI case to the administrative law judge, or ALJ, will not only have obtained additional medical evidence to support the case (many individuals may be unaware of this, but at the hearing level, the social security administration no longer makes any attempt to obtain medical evidence and this responsibility falls entirely on the claimant's shoulders and the shoulders of their lawyer if they have representation) but also qualified, supporting statements from the claimant's own doctors (known as the claimant's treating physicians).
The administrative law judge is the only judge in the social security appeal system that a claimant may see and interact with. However, the ALJ is not the only type of judge that may be involved in a claim.
If a case is denied by an administrative law judge at a hearing
If a case is denied by an administrative law judge at a disability hearing, a claimant has the right to appeal to the Appeals Council. The Appeals Council conducts a review that is called a Review of an Administrative Law Judge's Hearing Decision. The appeals council may choose to overturn a judge's decision, take no action whatsoever, or send the case back for a second hearing with the same judge (called a remand).
If the Appeals Council does not grant an action that is favorable to the claimant, however, the claimant may further appeal to federal district court (for example, federal district court of the state of new jersey).
This is a civil action usually initiated by the claimant's disability attorney and it does not involve any direct interaction between a judge and an attorney. Most of these civil actions will simply result in the prior decisions being affirmed; however, some claimants do see some benefit from a federal district court appeal.
Having said that, however, for most cases, the ALJ disability hearing (where the claimant and their disability attorney may appear in person before an administrative law judge at a hearing office) will be as far as their case goes. And very often, this is simply because ALJ hearings have a high approval rate as compared to other levels of the appeals system.
Because A) disability hearings are likely to be successful when the case is properly prepared and presented to the judge, and B) because hearings can take well over a year or more to get scheduled, claimants who are at the stage of having to make a formal request for a hearing should probably begin to consider disability representation.
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?
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
If you apply for disability in in Georgia
Will I qualify for disability Benefits in Georgia?
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.