Request for Hearing
If you receive a Notice of Reconsideration denying your claim for the second time, you can appeal that decision by asking for a hearing before an administrative law judge. That appeal is called a Request for Hearing and must be filed within 60 days of the date of the denial. In order to file the hearing request, you must file a Request for Hearing form, an updated Disability Report – Appeal, and a new Medical Release.
Once these forms have been filed, the Social Security Administration will forward your case to the hearings office, also known as the Office of Disability Adjudication and Review (ODAR). It is important to know that it can take up to a year to a year and a half (12 to 18 months) before your hearing gets scheduled.
An administrative law judge at the hearings office will be assigned to your case and will conduct your hearing. The judge’s job is to make an independent decision based on the evidence in your case. This evidence includes medical records and/or evaluations, witness statements, and your testimony given at the hearing. The judge will question you about your disability and may rely on testimony from a “vocational expert” or a “medical advisor”.
If the administrative law judge issues an unfavorable decision in your case, we can continue to appeal your case further. The next step would be to file a Request for Review of Hearing Decision/Order to the Appeals Council. The Appeals Council is located in Falls Church, Virginia. The Appeals Council’s job is to review the judge’s decision and the evidence in your file. You will not have to attend another hearing, however, it is important to know that it can take up to 2 years for the Appeals Council to issue their decision.
If the Appeals Council denies your Request for Review, our office can assist you with filing a Complaint to the United States District Court. Call our office today if you need help with appealing a decision.