Social Security Hearings and Appeals

After you file an initial claim with the Social Security Administration, it is quite common that your claim will be denied. Generally, only about 40% of claims are approved at the initial level.

You have the right to appeal any decision Social Security makes on whether you are entitled to Social Security benefits or are eligible for Supplemental Security Income (SSI) payments. If the Social Security Administration determines that you no longer meet the requirements for Social Security or SSI or find that you are overpaid, you have the right to request review of that decision.

The first step in the appeals process is a reconsideration hearing. A reconsideration is a complete review of your claim by someone who did not take part in the first decision. The Social Security Administration looks at all the evidence submitted when the original decision was made, plus any new evidence.

If you disagree with the reconsideration decision, you may ask for a hearing. The hearing will be conducted before an Administrative Law Judge (ALJ). The ALJ will make an independent decision based on the evidence the Social Security Administration has, including your testimony at the hearing.

We recommend that if you haven’t hired a social security lawyer yet, you do so at the hearing process level. Every social security attorney we recommend works on a contingency basis which means that they only get paid if they are successful in obtaining benefits for you. Their fee is usually 25% of the past benefits that they recover.

At the hearing: the ALJ explains the issues in your case and may question you and any witnesses you bring to the hearing; the ALJ may ask other witnesses, such as a doctor or vocational expert, to come to the hearing; you and the witnesses answer questions under oath; and you and your lawyer may question any witnesses and submit evidence.

After the hearing: the ALJ issues a written decision after studying all the evidence; and the ALJ sends you and your representative a copy of the decision or dismissal order.

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review.

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a ¬lawsuit in a federal district court. Generally, you have 60 days after you receive the notice of the decision to ask for any type of appeal.

The Social Security hearings and appeals process can be confusing. If you have any questions about your situation or would like a referral to an experienced and qualified social security attorney, please contact us.