The next level of appeals to Social Security disability claims, following reconsideration, is hearing before the Administrative Law Judge. You have up to the period of 60 days within which you can seek an Administrative Hearing following the receipt of an email stating that your reconsideration was denied. This gives you plenty of time to become familiar with the procedure and prepare the hearing.
This article describes what happens during the disability hearings in the case of Social Security Disability Insurance (SSDI lawyer in NYC) or Supplemental Security Income (SSI) claims. Check out ” Preparing for Your Social Security Disability Hearing” and ” Social Security Disability Appeals” for more details.
What time and where will my Hearing Be Held?
Certain responses to requests for hearings may take longer than the others based on the number of cases when the request. But, you’ll be notified by the Social Security Administration (SSA) at minimum 20 days prior to the hearing providing the date the time and place for the hearing.
Hearings can be fairly fast with a time range of 15 minutes to 1 hour, which is why it’s important to arrive on time or even earlier. If you are late for your hearing, you are able to provide your reasons in response to the “show reason” notice. Reasons for arriving late include traffic jams or getting lost. The judge can reschedule the hearing if the reason you gave is accepted.
Hearings are usually held at least 75 miles from the place you live, at one of the 161 hearing centers or in a venue that is rented like the conference rooms in hotels. If you’re not able to travel due to health issues You can prefer a video conference (ask the SSA to request to have a hearing).
If you don’t want to appear in the trial (either personally, by videoconference, or by an agent) then you need to submit an Waiver of Your Rights to a Personal Appearance before the Administrative Law judge (Form Form HA-4608).
What to Expect At Your Disability Hearing
What happens during the disability hearing typically depends on the nature and complexity of the matter. It could involve witnesses and the claimant’s testimony, as well as the questioning of the representative or you; and testimony from an expert in vocational issues. Sometimes, a medical expert could be present too.
Top of Form
Keep up-to-date on how laws affect your daily life
This site is secured through reCAPTCHA along with The Google Privacy Policies along with the the Terms of Service are applicable.
Bottom of Form
On arrival upon arrival, a court reporter will swear you in together with witnesses and/or vocational experts.
Judges will discuss your case and discuss the legal issues, and then will ask questions (for you or witnesses) concerning the medical condition you suffer from and the way it impacts your ability to perform work. The judge can also ask questions to expert witnesses who are neutral like a doctor or vocational expert. A vocational expert will usually answer hypothetical questions regarding the kinds of jobs that someone who has a disability similar to yours might be able to perform.
If the judge hasn’t requested any clarification at the time of your hearing, you can request to speak on behalf of yourself (or by way of your representatives). Your representative or you can ask questions to the witnesses (including experts referred to for questioning by the SSA) and to present evidence.
While the hearing is not formal be aware that all testimony and statements made by witnesses is under oath, and legally recorded.
If judges have had an opportunity to examine the evidence and the testimony after which he or she will make a written decision and then send the applicant (or the representative of your) an official document of that decision. If your claim is denied or you are given an outcome that is not favorable You can request an appeal to the SSA Appeals Council.