Claims Process: Request for Hearing

SOCIAL SECURITY DISABILITY CLAIMS PROCESS: REQUEST FOR HEARING

A denial of your disability claim can be stressful, but New York Social Security disability lawyer Richard R. Rowe can help you appeal the decision. Mr. Rowe is an experienced New York disability attorney with a long record of helping his clients appeal denials of their disability claims. Call us today to discuss how we can assist you.

MAKING A REQUEST FOR A HEARING

If your Social Security disability claim is denied, you have the right to appeal the decision. Most states have three levels of consideration for a Social Security disability claim: the initial claim, a request for reconsideration, and a hearing before an Administrative Law Judge. New York, however, only has two steps in that it does not require you to file a request for reconsideration after an initial denial. Instead, you can immediately request a hearing before an Administrative Law Judge. Nonetheless, keep in mind that the state’s policies do not dictate the federal Social Security Administration’s policies; with the help of a qualified attorney you can determine which requirements apply to your case.

To request a hearing, the first step is to file two forms online:

• Request for Hearing Form SSA-501. This form asks for basic information, such as your name, address, and the reason for your request.
• Disability Report-Appeal Form SSA-3441. The purpose of this form is to provide an update on your disability, such as any new limitations, medical treatment, or tests you have received since you filed your claim. Keep in mind that this form is meant to update the Administration on your disability, so you cannot use this to go back to the origins of your disability.

Once you have filed the forms, they will be forwarded to the local Office of Disability Adjudication and Review (ODAR). ODAR will then send you a letter indicating it has received your request. The letter will also state that ODAR will give you 20 days notice before your hearing date. Remember, the letter only says ODAR will notify you at least 20 days before your hearing, not that it will take place in 20 days. The hearing date may be many months away. In most cases, the time between filing a request for a hearing and the actual hearing is about a year.

WHAT TO DO BETWEEN FILING A REQUEST AND THE HEARING

Since the hearing date may be many months or a year away, it is up to you to make sure your medical records are up to date. Continue to see your doctors to ensure you can present the Administration with recent medical evidence of your condition. Keep records of all your medical appointments, medications, therapies, and any surgeries.

Once ODAR provides notice of the hearing date, Mr. Rowe will schedule a telephone conference with you to go over your claim and medical record. He will then contact your doctors so that they may provide him with your medical records and their opinion on your limitations. Remember, most doctors and hospitals charge for copies of their records and opinions. It will be your responsibility to cover these costs. Once Mr. Rowe confirms that the medical record supports your claim, he will have a second telephone conference with you immediately before the hearing to go over the questions you can expect. This will give you a better understanding of the context of the questions and ensure that the hearing goes smoothly. You can review the web page on hearings to see what happens next.

COMMITTED SOCIAL SECURITY DISABILITY LAWYER

New York disability attorney Richard R. Rowe can evaluate your case if your Social Security disability claim was denied. Mr. Rowe is a seasoned disability lawyer who has helped hundreds of clients in the appeals process. He can provide you with knowledgeable, personalized legal services. Contact us today at (631) 285-6500 or online for a free consultation.

• Claims Process: Filing a Claim & the Initial Determination
• Hearings