If you have filed a claim for Disability Insurance Benefits (DIB) of Supplemental Security Income (SSI) and are denied on both your Initial Application and your Request for Reconsideration, you are entitled to a hearing by an administrative law judge (ALJ) if your Request for Hearing was requested within sixty five days of your denial on the Request for Reconsideration. Hearings are typically scheduled within 12-15 months of the date requested.
After you have your hearing, the ALJ will write his/her decision. This process takes on average one to three months. During this time period, if you wish to check the status of your claim, you may contact the hearings office that handled your claim or call the Social Security Administration at (800) 772-1213. The phone hours for the national line are 7 am to 7 pm Monday through Friday.
When the decision is issued, you will receive a copy in the mail. If you were represented at the hearing, your representative will also be mailed a copy. If approved, your claim will be forwarded to the payment center to calculate what you are owed. You will next receive a Notice of Award. This notice outlines what your monthly benefits will be and when you can expect to receive them. It will also outline what back pay you are owed and if applicable attorney’s fees. It may take a couple months for your payments to be begin.
If you are denied by the ALJ, you can file an appeal with the Social Security Appeals Council. The appeal with the Appeals Council is called the Request for Review of the Hearing Decision/Order (SSA 520). This request must be filed within 65 days of the date of the decision. It is important to note that if the hearing decision is not appealed that decision is made final.
The Appeals Council will review your decision to determine if the Administrative Law Judge made the correct decision at the time of the hearing. This review can take can take over a year to process.
The Appeals Council has three different options. It may be decided that the decision was incorrect and you are in fact disabled. It may be determined that more information is necessary and your claim will be returned to the hearings office for another hearing. Or the Appeals Council may deny your Request for Review. Unfortunately, we most often see that the Appeals Council denies the Request for Review.
Another option is to forgo the appeal and file a new application. If this is the option that you choose, there is a 65 day waiting period from the date of the decision before filing your new application. Because the hearing decision will have been made final, when refiling the earliest you can allege disability is the day after the judge’s decision.
In order to be able to file a new claim, you must be insured for DIB after the ALJ’s decision. In order to file a new claim for SSI, you have to continue to mee their non-medical requirements. If neither is an option for you, you must appeal the ALJ’s decision in a timely manner to continue your claim.
For more information on the hearing process, please review the SSA’s website page titled “Social Security’s Hearing Process.”
