You Will Be Notified of Their Decision

When the state agency reaches a decision on your case, the SSA will send you a letter. If your application is approved, the letter will show the amount of your benefit and when your payments start. If your application is not approved, the letter will explain why and tell you how to appeal the decision if you do not agree with it.

The Appeal Process

If you decide to appeal the decision, then you must do it in writing within 60 days of receiving your letter. It is assumed that your letter arrives at your address 5 days after mailing, unless you can prove otherwise. It is not uncommon to seek legal help at this point if you have not already. You can start with a Free, No Obligation Evaluation form an attorney or advocate in your area. They will assess your situation and give you direction in the best course of action, you can decide if you want their legal help or not at this point.

The Appeal Levels Explained

There are usually four levels of appeal:
     • Reconsideration
     • Hearing by an administrative law judge
     • Review by the Appeals Council
     • Federal Court review

Reconsideration

A reconsideration is a complete review of your claim by someone who did not take part in the first decision. The SSA will take a look at all of the original documentation submitted and will also look at any new evidence submitted as well. Usually you do not need to be present for the reconsideration. But when you appeal a decision that you are no longer eligible for disability benefits because your medical condition has improved, you can meet with a Social Security representative and explain why you believe you still have a disability.

Hearing

If you do not get the desired outcome from the reconsideration, then you may ask to have a hearing. The hearing is conducted by an administrative law judge, this law judge will have had NO part in any previous decisions involving your case. They try to have the hearing within 75 miles of your current residence. You will be notified of the time and place, by the administrative law judge, of the hearing.

Before the hearing begins you may be asked for more evidence to clarify any uncertainties about your claim. You have full access to your files and can add new evidence or information as needed.

At the hearing, the administrative law judge will question you and any witnesses you bring. Other witnesses, such as medical or vocational experts, also may submit information at the hearing. You or your representative may question the witnesses.

There is also an option for video conferencing, although it may not be available for all. You may be able to get an earlier hearing by video conferencing, but you should check with the SSA to see if it is an option for your case.

It is in your best interest to attend the hearing. You and your representative, if you have one, should come to the hearing and explain your case. If you are unable to attend the hearing or do not wish to attend, then you must inform the SSA in writing, of your reasons for not attending. Unless the administrative law judge believes your presence is necessary to decide your case and requires you to attend, you will not have to go. The SSA may be able to make other arrangements for you, such as changing the time or place of your hearing. You have to have a good reason for us to make other arrangements, though.

 After the hearing, the judge will make a decision based on all the information in your case, including any new information you give. You will be sent a letter and a copy of the judge's decision after the case has been reviewed and ruled on.