Disability Hearing: The Second Level of the Appeals Process

The second level of the appeals process is the disability hearing. This happens after the Social Security Administration rejects your claim at the first stage of the appeal (reconsideration stage). Once you received the federal agency’s letter containing the decision to deny your appeal at the reconsideration stage, you have 60 days to ask for a disability hearing.

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Once you sent your appeal, the SSA will send your case to the Administrative Law Judge’s office. Oftentimes this is called the ALJ.  The Administrative Law Judge is the one responsible for overseeing the proceedings of the disability hearing and decides whether you can be granted benefits or not.

It is worth noting, however, that because of backlogs at the office, the sending of the schedule may come with some delay. However, you must be aware that the sending of the notice containing the date, time and place of the hearing means that the hearing itself is just 20 days away.

The ALJ hearing is usually held within 75 miles from your home. At this point, you may have to retain the services of a Los Angeles disability attorney to help you in your appeal. Your chosen legal representative would greatly increase your chances of reversing the SSA’s previous decision. In the hearing proper, your representative may provide medical evidence acquired from your treating doctor to show that you are eligible for disability benefits.

The ALJ only has three possible answers coming out of the hearing. First, the ALJ may reverse the SSA’s decision, or maintain that the federal agency’s decision is correct. These two answers may result after the ALJ reviews the witnesses’ testimonies and the submitted evidence. However, the ALJ may also dismiss the case if there is no sufficient evidence to back up your appeal or there is no need to change in the SSA’s decision.

Source: http://www.ssa.gov/appeals/odar_pubs/70-10281.pdf