Social Security Disability: Hearing Appeal

What is a Social Security Disability Request for Hearing?

If the Social Security Administration (SSA) denies your request for reconsideration, you can file a request for hearing. A request for hearing is a form that you complete to tell SSA that you want an opportunity to speak with an administrative law judge about your case.

How Do You File a Request for Hearing?

You can file a Form HA-501, Request for Hearing by Administrative Law Judge online or in paper format. If you file your request for hearing in paper format, you must also file Form SSA-3441, Disability Report – Appeal and Form SSA-827, Authorization to Disclose Information to SSA. 

When you file your request for hearing, you will need to update SSA on your ongoing medical treatment and whether you have any new conditions that impact your ability to function. 

You must file your request for hearing appeal within 60 days from the date of the reconsideration denial. If you do not file your appeal within 60 days but are still disabled and unable to work, you will need to file a new application for SSDI or SSI benefits.

What Happens During the Hearing and What Will the Judge Decide?

During the hearing, you have an opportunity to explain to the administrative law judge why you believe you should be found disabled. You can discuss your medical treatment, your activities of daily living, and anything else that is relevant to your claim for SSDI or SSI benefits. 

While you may bring witnesses to the hearing, however, whether the witness is permitted to testify is up to the judge. If the judge permits witness testimony, he or she will also determine what kind of consideration and weight to give to the witness testimony. 

During most adult hearings, the judge will ask for witness testimony from a vocational witness, subpoenaed by SSA. The vocational witness is responsible for classifying your past relevant work and responding to hypotheticals presented by the administrative law judge (and your attorney, if you have one).

Judges occasionally request the presence of a medical witness as well. The medical witness will be asked, after a review of the medical records in your file, whether you meet or equal any of the listings put forth by SSA. 

What Happens After the Hearing?

After the hearing, the judge will review your testimony and the medical records. If there is evidence outstanding that was discussed in the hearing, they may help obtain some of that missing evidence. They will write their decision and put it in writing and mail it to you. 

If the decision in unfavorable, you can appeal to the Appeals Council. If it is a favorable decision, a Notice of Award that outlines your back-due benefits and the ongoing monthly benefit will be sent in the coming weeks. 

Where Can I Get Help with My Social Security Disability Request for Hearing?

You are not required to have an attorney represent you at your hearing for Social Security disability benefits but having one can help you. An attorney can help prepare you for your hearing and ensure the hearing is held properly. An attorney can also help ensure your medical evidence is supportive of your claim and that all of it is submitted to SSA for review prior to the hearing.