Social Security Disability Hearings

Yes, you can ask for a hearing.

If your application for Social Security Disability Insurance or SSI (Supplemental Security Income) is denied, you can appeal. The first level of appeal is called Reconsideration, which basically follows the same process as your initial application. You do not go before a judge at that stage.

If your Reconsideration is denied, you can appeal to have your case heard by an Administrative Law Judge (ALJ).

You must file for an ALJ hearing within 65 days of your Reconsideration denial. The Reconsideration denial letter will talk about the ways you can ask for the ALJ hearing. These generally include:

• File an appeal online through your MySSA account.
• If you have not activated your MySSA account set up, you can still request a hearing with a judge online. (There are also options if you lose your ALJ hearing.)
• Call the national Social Security call center at 1-800-772-1213. The call center may send you some additional paperwork to fill out to complete the appeal.
• Download appeal forms HA-501, SSA-3441, and SSA-827. You must complete and submit all three forms.

Important: However you file, make sure that Social Security has a good mailing address for you. The hearing office will send important letters to the address you give them.

Your appeal will go to a local Social Security hearings office based on your ZIP code or to a national hearings center that handles cases all across the country.

Social Security hearings are not like regular civil court cases. Social Security hearings offices are specialized courts that are part of Social Security itself. These are different from state or federal courts where you might bring a lawsuit. Social Security hearings offices are also separate from local Social Security field offices where you go to replace your Social Security card or file for benefits.

The judge (ALJ) that will hear your case is employed by Social Security, not elected by voters like most judges in Texas. There is no jury as part of your ALJ hearing, and Social Security does not have an attorney of their own there at the hearing to argue against you. Your judge will be assigned randomly. You don’t get to choose your judge, and you need very strong reasons to ask for your case to be assigned to a different judge once it has been assigned.

The judge is supposed to be independent and objective. Many judges award benefits in up to half of their cases. The judge will ask you questions and you can bring witnesses.

When the hearings office receives your request for an ALJ hearing, they will send you a letter asking you how you want to have your hearing. You have four options:

1. In person. You can have your hearing in person at the hearings office. In this case, your case will stay at the local office and not be transferred to a national hearings office. The national hearings offices do not hold in-person hearings.
2. Telephone/Audio. You can have your hearing over the phone. This is also called an audio hearing. If you select this option, your hearing will happen as a conference call with you, the judge, and any other witnesses on the same call together. The hearings office will set up that call.
3. Virtual online video. You can have an online video hearing. For this option, Social Security uses a program called Microsoft Teams that works much like other programs like Zoom or Skype. If you pick this option, you will receive an email from Social Security with a link to take you to the online video hearing. You will use your own computer or smartphone. The hearing will then proceed as a video conference call where you, the judge, and other witnesses can see each other on the screen.
4. Agency video. The final option is for agency video. You can ask to go to a local Social Security office that has cameras and video screens to let you appear for your online hearing there. In this option, you do not need your own computer and internet access, but you will need to go to a different location. Agency video hearings cannot be done from your own home.

Waiting times for hearings can range from a few months to over a year, depending on the method you chose and the office your case is assigned to. For phone, online video, and agency video hearings, your case may be heard by your local hearings office or may be sent to a national hearings center. National hearings centers may have shorter wait times.

There is no easy answer to that question. Prior to the Covid-19 pandemic, the vast majority of hearings were done in-person. Since the pandemic, phone hearings have been the most common type. Phone hearings are very convenient: you don’t have to travel, and you don’t have to worry about problems like bad weather or missing the bus on the day of your hearing. However, you lose out on the chance to be in the same room with the judge, where the judge can get to know you somewhat better.

Virtual online video hearings can be a good option if you have a laptop or a large tablet, so long as you have a reliable internet connection and a good camera feature. A larger screen helps you see the other people in the hearing. It also really helps to have some experience with Microsoft Teams or other similar programs. When they work well, online video hearings can be as convenient as phone hearings but more personal. It gives the judge a chance to get a better sense of you are. However, online video hearings are not a good idea if you do not have a reliable internet connection or if you are not comfortable with technology.

Agency video hearings are the rarest kind. They may make sense for people who live close to a regular Social Security office but far away from a hearings office and who don’t have a good internet connection at home. But they are much less convenient than phone or virtual online video hearings.

The hearings office will send you forms that let you choose your hearing method along with an envelope to mail the forms back.

In person. If you want an in-person hearing, you should return form HA-55, titled Objection to Appearing by Audio or agency Video. Write on the form that you prefer an in-person hearing and check that you do not want an audio or agency video hearing.

Phone/Audio hearing. If you prefer a phone hearing, return form HA-55 and fill it out to say that you want an audio hearing by phone and that you don’t want an agency video hearing.

Virtual online hearing. If you want an online video hearing on Microsoft Teams, return form HA-55 and fill it out to say that you want an online video hearing. Include your email address. You will also need to complete form HA-56, Agreement to Appearing by Online Video, if they send it to you.

Agency video hearing. If you want an agency video hearing at your local Social Security office, return form HA-55 and fill it out to say that you want an agency video hearing and that you do not want an audio hearing by phone.

Important: Choose your hearing type and return the form(s) right away.

It is very important to make that choice quickly after you receive those forms. If you don’t return them to Social Security right away, Social Security may go ahead and set up a phone hearing or agency video hearing by default. Once a case is set up, you will need a good reason to change.

Not at all. A lawyer or another person who has experience representing clients in ALJ hearings can be very helpful with this process, and many lawyers are happy to join a case at the ALJ level. Your lawyer would work with the hearings office to prepare for your hearing, help you gather medical evidence ahead of the hearing, and argue your case during the hearing itself.

You may want to contact a lawyer right away after your Reconsideration is denied, even before you file for the ALJ hearing, so your lawyer can help you decide what kind of hearing best fits your situation.

Most attorneys in private practice only charge you if you win your case. The most common fee is 25% of the back-pay that you receive, up to about $9,200 as a maximum. Many lawyers do not charge at all for a first-time meeting to talk about your case and whether the lawyer wants to take it.

Your local area may have a lawyer referral service like the Houston Lawyer Referral Service, which can give you the names and the numbers for Social Security lawyers near you. The Texas State Bar has a referral service where there is no local referral option available, and The National Association of Social Security Claims Representatives has a referral service hotline for lawyers all across the country at 1-845-682-1881.

While you have the right to bring a lawyer or another representative to the hearing, Social Security does not give you a lawyer. It is up to you to arrange for someone to represent you.

If the hearings office sees that you have a case pending but that you don’t have a lawyer or representative, they will usually contact you to advise you of your rights. If you tell them you want to get a lawyer when they contact you or at a pre-hearing conference, they may reschedule your hearing to give you the time to find one.

In general, judges appreciate it when a lawyer represents you. If you have a lawyer, the judge will be more confident that you have submitted all of your medical records and that you have had a chance to talk about your case with someone who knows the rules and procedures. Those rules and procedures are complicated. Lawyers who do Social Security work are experts in Social Security regulations and how to argue that your medical records show that you deserve benefits. That can be difficult to do on your own.

Still, you do have the right to represent yourself in a hearing.

The hearings office will send you a Notice of Hearing that sets the date and time for the hearing. If it is an in-person hearing, the notice will include the location of the hearings office. If it is a phone hearing, the notice will list the phone number the hearings office has for you. If it is by online video or agency video, the notice will have those details as well.

Social Security rules require that you are given at least 75 days advance notice before the hearing, though in practice you will usually get three or four months’ notice. If the Notice of Hearing has the wrong address, phone, or email for you, you should call the hearings office right away. You can find the hearings office phone number in the upper right corner of the notice.

You should also call the hearings office to set up a way for you to review your case file before the hearing. The sooner you do this, the better. The hearings office can sometimes email you a link to download the file to your computer or phone. If you don’t have a computer or other device, the hearings office can give you other options.

If you plan to call any witnesses to talk to the judge about your case during the hearing, call the hearings office to set that up. Especially if your hearing is by phone or by Microsoft Teams, the hearings office will need to have your witness contact information ahead of time.

If you have a lawyer on your case, then this is your lawyer’s responsibility. But if you are doing the case yourself, you do need to make sure that the court has the evidence it needs to make the best decision in your case.

It is usually your responsibility to get any medical records that are not already in the case file and submit them to the hearings office at least a week before the hearing. You should also inform the hearings office as soon as possible about any records that you have been unable to get yourself. You must show that you made a good faith effort to get the records before the hearings office will try to get them for you. The hearings office will also not be able to get your records for you unless you sign a release, Form SSA-827, that they send you to sign and return when you tell them what kind of hearing you want.

By the time a case gets to the ALJ level, it has already been through the initial and Reconsideration stages, so most of the existing medical records will already be part of the judge’s case file. If you review the file and see that there are older records that are missing or you know that there are records of newer treatment that happened after Reconsideration was denied, you should focus your efforts on getting those records. You should not submit duplicates of records that the judge already has.

Texas state law says that hospitals, doctors’ offices, therapists, and other medical sources must give you one free copy of medical records if you show that you are in a disability appeal. Most medical providers will accept a copy of the Notice of Hearing from the hearings office as proof of the appeal. Out-of-state treatment sources do not have to follow the Texas law and can sometimes charge high prices for your medical records.

You can also request a copy of your records through the federal HITECH Act, requires medical providers to give an electronic copy of records directly to the patient for a low fee (around $6.50). The HITECH Act does not require you to prove that you are in a disability appeal, but the medical providers only have to give you records in electronic form, such as a PDF. They do not have to provide you with a paper copy. You must give your medical provider a written request that states that you are asking for your records under the HITECH Act. Be sure to give the provider a way to send the records to you electronically. The HITECH Act does not require that medical providers use any specific format for the records, even if you ask them to use the one you prefer.

Once you have the evidence that you want to submit to the hearings office, you should call the hearings office to ask them how best to get the records into the file. The hearings office can provide a bar code for you to use to fax in paper records and can also give you ways to submit electronic files that are in PDF or TIFF formats. You can also submit letters or summaries from your doctor, but the judge will usually want to see the full records as well.

ALJ hearings are usually scheduled to last for 30 or 45 minutes. Though a hearing may go longer than that, they are not intended to last all day or go on for multiple days.

ALJ hearings are closed to the public. The only people allowed in the hearings room or on the video or phone hearing are the people directly involved in the case: you, the judge, the judge’s assistant, and any witnesses who will testify.

If you have not had a pre-hearing conference to talk about your right to representation, the judge will usually start by reminding you that you have the right to have a lawyer for your hearing. Often, the judge will then offer to reschedule the hearing so you can seek legal representation unless you have already waived that right during the pre-hearing conference.

If the hearing goes ahead as planned, the judge will ask you if you waive your right to hear the judge read out the issues involved in the case. The judge will also ask you if all of the medical records are now in the file.

Tell the judge if there are any records that you have requested but not received yet. If this is the first time the judge has heard about the missing records, they might not give you extra time to get them. It is important to let them know beforehand as well as during the hearing.

The judge wants to understand how your medical conditions prevent you from working full time. The judge may ask questions about your:

• Medical treatment
• Past work, especially jobs you have had in the last five years
• Education and job training
• Day-to-day activities
• Activities you no longer take part in due to your conditions

If you have any witnesses, the judge may ask them questions as well. The judge will often call expert witnesses, including:

• Vocational expert (VE) witness. The VE can testify about common jobs that can be done by someone who has specific physical or mental limitations. These jobs may not match your work history or preference. The VE may also classify your past work, but being unable to continue similar work is not usually enough to win your case.
• Medical expert witness. This is a doctor who can testify about what work they think you can do based on your medical records.

You will be able to question the vocational expert and the medical expert, but the judge may cut you off if the judge believes you are asking inappropriate or irrelevant questions. Questioning expert witnesses is a skill, and another reason that an experienced attorney would be very helpful in your case.

The judge may also talk about changing the date you say you first became disabled. There are two main reasons for this:

• Incomplete medical records. For example, if you claim disability that goes back many years but you only have medical records covering the last two or three years.
• Your age crossed an important threshold. Different rules apply depending on your age, and this can impact your case. For example, if you filed for benefits when you were 53 but have turned 55 by the time you get a hearing, you may qualify as an older applicant but not a younger applicant. In that case, changing your disability onset date could help you qualify as an older applicant.

You do not have to change your disability onset date, but if the judge is talking about the possibility, it is a strong hint about how the judge views your case.

Once all the witnesses have testified, the judge will end the hearing. You will be free to leave the hearing room, hang up the phone, or exit the video call.

No matter how the hearing goes, nothing is official until the judge issues a formal written decision. A copy of that decision is mailed to you and to your lawyer, if you have one. The decision can be “fully favorable,” “partially favorable,” or “unfavorable.” An unfavorable decision means the judge does not believe that you meet Social Security standards for disability.

Social Security guidelines recommend that judges issue decisions within 90 days of a hearing, though it may take longer than that if the judge allows you extra time to get some missing records for the file. Sometimes decisions take longer than 90 days due to backlogs at the hearings office, but some decisions take far fewer than 90 days.

It is very important that the judge has a good mailing address for you so that you will get your decision promptly after it is issued. If you receive an unfavorable decision, you will have a 65-day deadline to file for the next appeal, just like after a denial on Reconsideration. The decision from the judge will include information about the process for filing the next appeal.

If the decision is “fully favorable” or “partially favorable,” it means the judge believes that you meet Social Security’s medical rules for disability for at least for some of the time that you claimed. If your case is for SSI, you will still need to have a final interview with the local Social Security office to update your financial information and your living situation before the payments can start.

If your case is for Social Security Disability only, the national Social Security Payment Center may call to ask if you want payment by Direct Deposit to your own bank account or by using Social Security’s Direct Express program.

Yes, you can appeal an unfavorable decision.

You can also appeal a partially favorable decision, but doing so risks getting a full unfavorable decision.

The next level of appeal from the ALJ, the Social Security Appeals Council, is a very different process. You should seriously consider consulting with a lawyer before taking any action with the Appeals Council.