Request for Hearing – A Brief Description

If you are denied a second time (i.e. if your reconsideration appeal is also denied), you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal.  You may wish to consult useful publications for assistance in completing Social Security’s forms.  My book, The Disability Answer Guide,  is a great resource that can help you make sense of the confusing appeals process.

When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community.  Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case.  In most cases, you are better off retaining a lawyer to represent you in a hearing before a judge.

Social Security lawyers will typically handle your case under a contingency fee contract, meaning that there is no fee unless you win.  Often you can expect to pay your lawyer 25% of past due benefits collected. When you choose a lawyer, you will enter into an attorney-client fee agreement that spells out the terms any fees that are charged.

If you lose at your hearing, there are two more levels of appeal – the Appeals Council and Federal District Court.  Both of these appeals should be undertaken with the assistance of an experienced lawyer.