HOW TO REQUEST A DISABILITY HEARING

REQUEST A HEARING WITH THE SSA

When you receive your second denial from the SSA, it will give you the option to request a hearing. If the SSA denies your case, you still have the right to appeal their decision. Your request for a hearing must be filed within 60 days of the date on the denial letter. If you don’t request a hearing within the 60 day time frame, then you may have to start the application process over again.

You don’t want that to happen. Therefore, request your hearing as soon as you receive your denial. The form to request a hearing is on the Social Security website. It is easy to fill out. Once you submit the form, you will be able to print out a receipt that confirms you sent your hearing request prior to the deadline.

There are multiple ways to request a hearing. For example, you can request a hearing online. You can also request a hearing by mail or at an SSA office. Most people choose the online option because it is fast simple. When you file your request, the SSA may ask for medical records. If you have that information, then submit it along with your hearing request.

Currently, the wait time for a hearing date runs about six months. However, sometimes the wait is longer. The SSA has been trying to get the wait time down. They have managed to shave off a few months, but now the wait time at the lower appeals level is longer. Whether you have a short or long wait time, you must continue to get medical treatment. You can submit medical records up to five working days before your hearing. Regular treatment proves your SSD claim. Without it, you will not win.

WHAT IS A SOCIAL SECURITY HEARING?

An SSA hearing occurs when you meet with an Administrative Law Judge. The judge reviews your case and decides if you qualify for SSD benefits. This hearing happens after SSA denies your initial application and your second appeal. You have to request a hearing. It doesn’t happen automatically.

A Social Security hearing is less formal than a courtroom trial. The setting is usually private. For example, hearings are usually held in small courtrooms in the federal building or in offices set aside for SSA hearings. Therefore, the public cannot come in and out of the court room like they can in a public courtroom.

Even so, the hearing still plays a major role in your case. The judge uses the hearing to better understand how your condition affects your ability to work. During the hearing, you answer questions about your health, treatment, and work history. The judge also reviews your medical records and any other evidence you care to submit. In many cases, a medical expert and a job expert join the hearing as well.

The hearing gives you the chance to speak directly to a judge. You can explain your medical condition, your symptoms, and why you cannot work. Many people receive benefits after a hearing even if SSA denied their claim earlier. That is why learning how to request a hearing is so important. If you submit all of your medical records and prepare yourself to testify, then you have a better chance of success.

WHAT HAPPENS AFTER YOU REQUEST A HEARING

After you request a hearing with the SSA, your case file moves to the Office of Hearings Operations. However, you may wait several months before the SSA schedules your hearing. The waiting period can feel frustrating, especially as you cannot work. But you should use this time to your advantage.

For example, you should continue seeing your doctors and following their treatment plans. Additionally, if you have anxiety along with physical conditions, then see a mental health counselor. Mental symptoms must also be considered by the judge at your hearing. Therefore, any medical evidence you can submit prior to the hearing should support your mental and physical symptoms.

Additionally, if your medical condition changes, then you should tell SSA right away. If you inform the SSA of a hospital stay or an operation, then they should collect the medical records and review your file. You can submit medical records directly to the SSA online. Your attorney should have access to the SSA’s online system. Therefore, they can also submit medical evidence for you.

SSA sends a notice once your hearing is scheduled. This notice explains the date, time, and hearing type. Your hearing may happen by video, by telephone, or in person.

YOU GET TO CHOOSE HOW YOU ATTEND YOUR HEARING

After you request your hearing, the SSA will send you a letter that asks you to choose how you want to attend your hearing. The SSA sends you a form that asks you to check a box and choose one of the hearing options. You can choose to have your hearing in person, by video, or by telephone. You choose the hearing format you feel most comfortable with and send it back to the SSA.

Many people ask us what hearing option to request. We think it is best for you to choose the type of hearing you feel most comfortable with. For example, if you have trouble driving or walking, then choose a hearing format you can do from home. For example, a video or telephone hearing might be your best choice. If you have a medical condition that you believe the judge should see, like an amputation, then choose an in person or video hearing.

YOU CAN REQUEST A VIDEO HEARING WITH SSA

After you request your hearing, you can choose to have a video hearing. The SSA now commonly uses video as a hearing format. During a video hearing, you speak with the judge through a secure video connection. You do not need to sit in the same room as the judge or your lawyer.

Many people prefer a video hearing with SSA because it reduces travel. This can help if your condition makes driving or sitting for long periods difficult. It can also be the best choice if you live in a remote location that is far from a hearing site.

With a video hearing, the judge can still see and hear you. Your attorney and any experts may also appear on screen. The process works much like an in person hearing. It is just that everyone is in different locations and appears by video.

Before the hearing begins, make sure your setting is quiet. Good internet service and clear audio are also important. You want the judge to hear your answers and listen to you, not ask what is going on in the background. It is also best to choose to sit in front of a blank wall or to blur the background of the video. You want the judge to focus on your testimony, not the posters on your wall.

If you hire our SSD law firm, then we will prepare you to testify. Most attorneys do not prepare you thoroughly. Instead, they just encourage you to answer the questions the best you can. We don’t do that. Our lawyers go through the questions that you will need to answer.

TELEPHONE HEARINGS WITH SSA

The SSA also allows telephone hearings. During a telephone hearing, you speak with the judge over the phone instead of using video or appearing in person.

Many people choose a telephone hearing because it feels easier. They also think it will be less stress. This may be true if, for physical or mental reasons, you struggle to leave your home. It may also be true for you if you struggle when you meet new people. The phone hearing eliminates the stress of meeting the judge in person. It also takes away the problems that come along with getting to the hearing site on time. Finally, a phone hearing may also work well if you do not have reliable internet access.

Even though the hearing happens over the phone, the legal process stays the same. The judge will still review your medical records and ask you questions about your condition. You will need to discuss your symptoms, daily activities, and your past work.

Before your telephone hearing starts, you should find a quiet place with strong phone service. Do not choose to sit in your car during the hearing. Background noise and dropped calls can interrupt the hearing. Make sure that you are alone and not driving your car, shopping, or walking around when you are on the phone. You should treat a phone hearing seriously, just as if you were going to court. Additionally, make sure you cannot get calls from other people during the hearing.

REQUEST AN IN PERSON HEARING WITH THE SSA JUDGE

When you request a hearing, you still have the option of appearing in person. Some people prefer to appear in person at their hearing. If you choose this option, then you will travel to a hearing office and meet directly with the judge.

There are good reasons for requesting an in person hearing. For example, it allows the judge to observe you face to face. The judge may notice your movements, physical pain, or other symptoms during the hearing. Some people also feel more comfortable speaking in person instead of using technology.

If you appear at the hearing, you will not be in a public courtroom. The hearing room is usually small and private. The only people in the courtroom will be the judge, you, your attorney, and a clerk who is recording the hearing. You will answer questions about your medical conditions, treatment, and work history. Clear and honest answers can help the judge better understand your condition.

If you attend an in person hearing, arriving early is important. You do not want to be late to your hearing because the judge cannot wait for you. Most judges have five or six hearings during one day. If you are late, then they will be late for the rest of the hearings.

WHY YOUR SOCIAL SECURITY HEARING MATTERS

The majority of SSD claims are denied during the early stages of the five step SSA review process. That does not always mean the case is weak. Instead, the SSA denies claims because of missing records. For example, if they cannot find your medical records or your doctor fails to send them, then the SSA isn’t going to wait. They will simply deny the case.

Therefore, it is up to you to make sure the SSA has all your medical records. The SSA may send a request for records. But that doesn’t mean they got them. Also, the SSA usually doesn’t request records from when you were working. For example, if you had three surgeries prior to your last day of work, the SSA isn’t going to get those records. You were still working, so the SSA doesn’t see them as important to your case.

Their rules state your disability begins when you stop working. So, the SSA is only going to collect records prior to that date. If you want them to understand your medical issues, then you need to submit your past three surgeries.

Most physical conditions don’t just suddenly occur. Usually, there is an injury or a series of events that show your symptoms are getting worse. For example, perhaps you injured your back when you were young. Then over the years you develop severe back pain that spreads to your legs. Therefore, you had surgery on your lumbar spine. It helped, but only for ten years.

During your last year of work you had two additional back operations. But, the back pain didn’t resolve. In fact, it became worse. So, you stopped working. If you submit all your records, then at the hearing you have the chance to explain your history of your back pain.

HOW LONG DOES THE HEARING TAKE?

Many people ask how long the SSA hearing takes. In most cases, the hearing itself lasts less than one hour. However, the full process often takes much longer.

You may wait several months before your hearing date arrives. By the time you have a hearing date, you should submit all of your medical records including any visits that occurred after you requested your hearing. The SSA does not collect your records after you request a hearing. Also, contrary to popular belief, medical records are not magically available in one location for anyone to read. To get your records, your attorney must know about your visits. If you never tell your attorney about your visits to the doctor, then your attorney can’t get your records.

Furthermore, it is your burden to submit the medical records. The SSA must receive all of your evidence 5 working days prior to the hearing. That is the rule. If you submit your records at the hearing or after the hearing, the judge does not have to accept them into the record. That means the judge does not have to consider them.

After the hearing ends, the judge still needs time to review the evidence and make a decision. Some people receive a decision within weeks, while others wait several months. There is no rule about how long the judge can take to issue a decision.

However, several issues can slow down the decision. For example, complex medical records, missing evidence, or busy hearing offices can slow the process. Even though waiting is difficult, you already know that it takes time for the SSA to make a decision.

WHY MEDICAL RECORDS ARE IMPORTANT

Medical evidence plays a major role in every SSD hearing. The judge uses your records to understand your diagnosis, treatment, and physical or mental limits. When you request your hearing, you can submit additional medical records. If you have new records or if the SSA did not collect all of your records, now is the time to submit anything that is missing.

Strong medical records help support your testimony. For example, if you tell the judge you struggle to stand or walk, your records should reflect those problems. Consistent treatment can strengthen your case.

Large gaps in treatment may hurt your claim. The judge may question how serious your condition is if you stop seeing doctors for long periods. That is why regular treatment matters even after you request your hearing.

You should also tell your doctors about all symptoms during appointments. Many people forget to discuss fatigue, anxiety, memory problems, or daily struggles. Instead, they just say they are doing fine. This is a huge mistake. The judge will read your progress notes. If you tell your doctor that you are fine, then that is what the doctor writes down. Your statements to the doctor should match your hearing testimony.

COMMON MISTAKES DURING THE HEARING PROCESS

One common mistake is missing the 60 day deadline to request a hearing. Waiting too long can delay your benefits or even force you to restart your claim.

Another mistake is stopping medical treatment after getting an initial denial. Some people lose hope after SSA denies their application. However, stopping treatment weakens the medical evidence in your case. It is also bad for your health.

Also, some people simply are not prepared to answer questions during the hearing. For example, they don’t know the date they stopped working or the date of their surgery. Many people are not able to describe their symptoms using numbers and examples. The judge needs accurate information about your symptoms and limits. Clear and honest testimony is very important. Hire an attorney to prepare you to testify.

Staying organized can help your case move quickly. You should attend medical appointments, respond to SSA notices, and keep copies of important documents whenever possible. Also, ask your treating doctor to submit your records.

Requesting a hearing is an important part of the appeals process. A denial from SSA does not mean your case is over. Many people receive SSD benefits after the hearing. Whether your hearing happens by video, telephone, or in person, preparation matters. Strong medical records, honest testimony, and ongoing treatment improve your chances of success.

The Social Security hearing process can feel difficult at times. However, hiring an attorney to prepare you to testify will help you feel ready for the hearing. If SSA denies your claim, acting quickly is important. Requesting a hearing on time protects your appeal rights and gives you another chance to fight for the benefits you deserve.

WE PRACTICE SOCIAL SECURITY LAW EXCLUSIVELY

There are many law firms that claim they practice Social Security law. However, most of those firms do other types of cases. For example, some firms practice personal injury or Worker’s Compensation law. We don’t do that.

Our firm only takes SSDI and SSI cases. We don’t practice any other kind of law. Our firm believes it is important to focus on Social Security cases. By doing so, we have become experts in Social Security benefits. Additionally, because we don’t practice other types of law, we can give you and your case the attention that you need during this process.

It is hard to trust your future to a lawyer. We understand. That is why we include information about our attorneys on our website. Dianna Cannon has been helping people win benefits for the past 30 years. She has written a book about Social Security law for other lawyers. Brett Bunkall and Andria Summers have over 30 years of legal experience. They work hard for our clients every day. We have information/’
about our lawyers and staff on our About Us page.

HIRE OUR SSD LAW FIRM TO REQUEST YOUR HEARING

Before the hearing, we review your physical and mental conditions. That way you can explain how you are not able to complete a full workday because of your medical conditions. Even though every judge is different, all of the questions revolve around whether or not you can work.

Prepare yourself to answer questions about your physical and mental health. If you hire us to represent you, then we will prepare you to testify. Additionally, we will review your answers with you. This will help you know that you are ready for your hearing.

It is important for you to understand the judge’s questions. You need to be able to explain your physical and mental conditions using numbers and examples. We work with you. Our job is to help explain your symptoms. You have to prove why you can’t work. We help you do that. That is one of the best reasons to hire our legal team.

It takes a team effort to get through the SSA’s review process and whatever trick questions the judge might ask. Now is the time to ask for help. Don’t go it alone. We offer a free review of your case. Even if we review your case, there is no pressure to become our client. You can call and ask questions. Contact us. We will help you request your hearing and win your SSD benefits.