Appeal Denial of Reconsideration
If you receive a denial to a Request for Reconsideration, you have the option for a second level appeal for an Administrative Law Judge Hearing. This level of appeal is the first time to present your case at a hearing before a Judge that will rule on whether to approve or deny your request for disability benefits. The Judge is a neutral party that has not previously reviewed your medical records or evidence from the initial application or request for reconsideration until they are assigned for your hearing.
How to Appeal?
Similar to the appeal of the denial of an initial application, you must request an appeal within sixty (60) days from the receipt of the denial letter received from the appeal of the request for reconsideration. You can appeal a denial online, at a local office or by setting up a phone appointment with the Social Security Administration. In order to appeal, you may fill out and file SSA Form HA-501: Request for Hearing by an Administrative Law Judge; and additional documents Form SSA-3441- Disability Report; and Form SSA 827: Medical Authorization.
What is an ALJ Hearing?
A hearing before an Administrative Law Judge or ALJ is often held is a small courtroom or meeting room. The participants of the hearing will include the claimant, the claimant's attorney, a judge, a hearing room clerk, and sometimes a vocational expert. The hearing is recorded and can be conducted live or with the judge in the room or through video conference. The Social Security Administration will give you the option to object to a hearing by video conference after receiving your appeal, if notified in writing to the objection of a video hearing.
How long does it take to receive a hearing?
Depending on the hearing office that you are scheduled with your hearing date may vary. The Social Security Administration provides a resource of a time estimate as to when you will receive a hearing date based on when you have requested a hearing before an administrative law judge. Average Waiting time
An average wait time is approximately 14-16 months from the date of the appeal and request for an ALJ hearing.
How We Can Help?
We can represent you at any point of the process of applying or appealing for disability benefits. You can have an attorney to help you with the Initial Application, Request for Reconsideration, or at an Administrative Law Judge Hearing. We do not request any upfront fees and are only compensated if you are awarded disability benefits.