ALJ Disability Hearing Houston Social Security Benefits Lawyer

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Social Security Disability Lawyer Reshard Alexander helps disabled persons receive the care and compensation they deserve.

What You Need to Know to Request a Hearing Before an Administrative Law Judge

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 we determine that you no longer meet the requirements for Social Security or SSI or find that you are overpaid, you have the right to request a review of our decision.

The first step in the appeals process is called a reconsideration determination. You will receive a new decision by someone who had no part in the first decision. We will send you a letter explaining how we made the decision.

If you disagree with this decision, you have the right to a hearing before an Administrative Law Judge (ALJ). If you disagree with the decision of the ALJ, you may file a request for review with the Appeals Council.

The hearing process begins after an applicant for benefits has been denied at the initial and (in most states) reconsideration levels. The next step in the appeals process is a hearing before an Administrative Law Judge (ALJ).

You or your representative may request a hearing by an Administrative Law Judge. The ALJ will make an independent decision based on the evidence we have, including your testimony at the hearing.

Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal.

In counting the 60 days, we presume that you receive the notice five days after we mail it unless you can show that you received it later.
If you do not file an appeal timely, the ALJ may dismiss your appeal. This means that you may not be eligible for the next step in the appeal process and that you may also lose your right to any further review.
You must have a good reason if you wait more than 60 days to request an appeal. If you file an appeal after the deadline, you must explain the reason you are late and request that we extend the time limit. The people in the Social Security office can explain further and help you file a written request to extend the time limit.

After you request a hearing, your Social Security office sends your case file to the Administrative Law Judge’s (ALJ) Hearing Office. Although we attempt to schedule all hearings promptly, there may be delays due to the volume of pending appeals or delays due to ALJ travel schedules if you wish to make an in-person appearance at the hearing rather than appear by video teleconference. Often, a hearing by video teleconference can be scheduled faster than an in-person hearing. We have 169 hearing offices nationwide and approximately 40% of our hearings are held in remote locations. This lessens the likelihood that you may need to travel far for your hearing.

At least 75 days before your hearing, we will send you a notice telling you the date, time, and place of the hearing.

The Administrative Law Judge usually holds the hearing within 75 miles of your home. However, your hearing may be farther away so more hearings can be held in one location. If travel arrangements will present a problem for you, tell the Social Security office when you request a hearing or as soon as possible after that. If you want to appear at a hearing but are unable to travel due to your health, submit a doctor’s report with your request for hearing, explaining why you cannot travel.

Before the hearing:

You and your representative, if you have one, may look at the evidence in your case file and submit new evidence.
It is very important that you submit as soon as possible any additional evidence you want the Administrative Law Judge to consider. If you do not have it when you request a hearing, send it to the Administrative Law Judge as soon as you can, but no later than five business days before the hearing date.

At the hearing:

The Administrative Law Judge explains the issues in your case and may question you and any witnesses you bring to the hearing.
The Administrative Law Judge may ask other witnesses, such as a doctor or vocational expert, to come to the hearing.

You and the witnesses answer questions under oath. The hearing is informal but is recorded.
You and your representative, if you have one, may question any witnesses and submit evidence.

After the hearing:

The Administrative Law Judge issues a written decision after studying all the evidence.
The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order.

If the Administrative Law Judge schedules a hearing, you and your representative, if you have one, should attend. It is very important that you attend a scheduled hearing. If for any reason you cannot attend, contact the Administrative Law Judge as soon as possible before the hearing and state the reason.

The Administrative Law Judge will reschedule the hearing if you have provided a good reason. If you do not go to a scheduled hearing and the Administrative Law Judge decides that you do not have a good reason for not going, your request for hearing may be dismissed.

Help Us Process Your Hearing As Quickly As Possible. There are a number of things you can do to speed up the processing of your request for a hearing. You should be aware that the hearing process is at times a rather lengthy one, so it is best to help us process your request as quickly as we can.

If you wish to appoint a representative, do so as early as possible. Your representative will want time to review your file and prepare for the hearing. If you wait until the date of the hearing or shortly before, your hearing may have to be postponed to provide the representative with the necessary preparation time. Our hearings are scheduled two to three months in advance, so rescheduling a hearing adds a substantial amount of time to the processing of your hearing request.
Don’t cancel a hearing unless absolutely necessary. Again, rescheduling your hearing will delay the ALJ making a decision in your case.
Make sure that any new or updated medical evidence you want to be considered has been submitted at least 5 business days before the date of the hearing by either you or your representative (the earlier the better). It may result in an early favorable decision for you, eliminating the need for a hearing. If a hearing is necessary, it will eliminate the delays caused because additional evidence has not yet been received.
Notify us of any changes in your address immediately.