Tips For Requesting A Social Security Disability Appeal Hearing

February 1, 2017 | By O'Connor Acciani & Levy
Tips For Requesting A Social Security Disability Appeal Hearing

If the Social Security Administration (SSA) denied your Social Security Disability claim, you can request a reconsideration review with a different claims examiner. You must submit a request within 60 days of receiving a Notice of Decision about your initial application. Requests made after the 60-day deadline will be rejected and you will be forced to start the process all over again. If the reconsideration review is unsuccessful, as most are, you can submit a request for a Social Security Disability appeal hearing to reverse the SSA's decision. The best part about a hearing is that it offers you a better chance of overturning the SSA's decision than any other step of the appeals process. Below, we explain how to request a Social Security Disability appeal hearing to improve your chances of reversing the SSA's decision.

Deadline For Requesting A Hearing

One of the most important parts of requesting a hearing is to make sure you do so before the deadline. You have to file a request for a hearing within 65 days of receiving the denial letter for the SSA. The deadline is actually 60 days, but the SSA allows five days for you to receive the letter in the mail. However, if your request is not received on day 65, it is late. The SSA does not accept hearing requests after the deadline unless you can show good cause for why you were late. A good reason for being late could be that you were in the hospital for a significant period of time after receiving the decision letter. The SSA might also accept late requests if you were ill, have comprehension problems or were a victim of circumstances beyond your control. However, the SSA is not very lenient with late requests, so you should make sure to file before the deadline.

Ways To Request A Social Security Disability Hearing

You can file a request for a hearing online through the SSA website. There are two parts to an online application: Disability Internet Appeal Application – In this section, you update personal information, such as your name, Social Security number and contact information. You must also indicate if you are being represented by a lawyer or nonlawyer representative. It takes about 20 minutes to finish this part. Disability Report – This is where you provide new information related to your disability or medical condition, including reports on visits to the hospital or with doctors. This will take you about 40 minutes to finish. Fortunately, you do not have to complete your application in one sitting. You can save your work and come back later, using your reentry number. Before you start your online application, make sure to have the following information close by:
  • Your Notice of Decision
  • Contact information for your Social Security Disability lawyer if you have one
  • Contact information for a friend or relative who can be a witness at your hearing
  • Information about new medical conditions or changes to existing medical issues
  • Names and dosages of medications you are taking and the doctor who prescribed them
  • Information about medical tests, including who requested them, results, dates and locations
  • Information about doctor's appointments and hospital stays, including types of treatment and names of hospitals or facilities
Another way to request a hearing is to deliver or mail a form to your local Social Security office. Your denial letter should say which form you need to submit, and if it does not, call or go to your local office. The Cincinnati office is located at 10205 Reading Rd and can be reached by phone at 800-772-1213. In most cases, the form you need to submit is Form HA-501, Request for Hearing by Administrative Law Judge. Form HA-501 does three things:
  • State the reasons why you disagree with the SSA's decision
  • Notify the SSA that you will submit additional evidence for your claim
  • Notify the SSA that you will go to a hearing
When you submit your request to the local office, you will also have to fill out and submit all of the following forms:
  • Form SSA-3441, Disability Report-Appeal – This has 10 sections in which you update personal information, provide contact information for a friend or relative who could be a witness at your hearing, provide information about medical treatment, and update the SSA on your employment and other activities.
  • Form SSA-827, Authorization to Disclose Information to SSA – This allows the SSA to request medical records and other information from medical professionals and hospitals.
  • Form HA-4631, Claimant's Recent Medical Treatment – This allows you to provide more detailed information about recent treatment.
  • Form HA-4632, Claimant's Medication – This is where you update the SSA on any medications you are taking, prescription or otherwise.
  • Form HA-4633, Claimant's Work Background – This applies only if you worked after filing your application.
  • Form SSA-1696, Appointment of Representative – This applies only if you have retained a lawyer or representative.
If you have any new evidence about your medical condition, be sure to submit it within 10 days of submitting a request for a hearing. If you cannot make the deadline, you can request an extension from the Office of Disability Adjudication and Review. Requesting a Social Security Disability hearing is a complex process. You should strongly consider seeking help from a qualified Social Security Disability lawyer. The Cincinnati Social Security Disability lawyers at O'Connor, Acciani & Levy can guide you through applying for a hearing and represent you at the hearing. We know how to compile the documentation you need to overturn a denial. We also know how to ask the right questions and highlight the important evidence at your hearing to improve your chances of success. All of our clients are entitled to a free, no obligation consultation to find out how our attorneys can help you.