Process of Social Security Disability Hearing

People suffering from a disability who want to acquire Social Security disability benefits are required to first apply for it. However, there are times when some applications are denied due to various reasons. People who want to pursue their application are entitled by law to have an appeal. There are four levels of appeal that a person is entitled to have. One of these levels is known as Social Security disability hearing.

This said hearing is known as the second level of appeal that a disabled person can pursue. The first level, which is done before the hearing, is known as reconsideration. Meanwhile, the hearing is followed by the review of the Appeals Council and the Federal Court review.

Overview of Social Security Disability Hearing A Social Security disability hearing may materialize or occur in the event that a person who filed a reconsideration appeal is still not satisfied or disagrees with its outcome.

An administrative law judge, who has no part in the original decision, will be the one in charge or responsible in conducting the hearing. After the hearing is conducted, a decision will be made using all of the facts presented in the applicant’s case. A letter as well as a copy of the decision made by the judge will be sent to the applicant.

Location This hearing typically occurs within 75 miles form the residence of the applicant. The applicant will be informed by the judge regarding the place and time of the hearing at least 20 days before it is scheduled to begin. Meanwhile there are certain reasons that may cause the hearing to be conducted through a video conference.

Attendance It will be good on the part of the applicant if he/she will attend a scheduled hearing. If he/she does not want or cannot attend the scheduled hearing, he/she should give proper notification the rightful people as soon as possible.

The administrative law judge may make a decision whether the applicant’s presence will be an advantage, especially if he/she can give explanation to certain facts and information.

Frequently Asked Questions Concerning Social Security Disability Hearing

Here are some of the questions that are usually asked in connection with the hearing:

Q: Who else will be inside the room when the hearing takes place? A: Aside from the applicant, other people who will be inside the room include the administrative law judge, the applicant’s legal representative, administrative law judge, and witnesses that will be invited to attend the hearing. Vocational or medical experts may also be brought in by the judge if he/she needs to acquire all the information needed to come up with a decision.

Q: How long will be the hearing take place? A: It will be different, depending on the complexity of the claim and the number of witnesses.

Q: Can an applicant bring in his/her spouse or other family members to the hearing? A: Yes. An applicant may bring his/her spouse or other family members in the hearing. In addition, anyone who may assist in validating the claim of the applicant may also be brought in the hearing.

Seeking for Legal Help If your application for Social Security disability benefits was denied and you are not happy with the outcome of your reconsideration appeal, there are skilled Social Security disability hearing lawyers who can give you the proper assistance needed. The expertise of these professionals will greatly help you acquire favorable results from the hearing.