How Do I Request a Social Security Disability Appeal Hearing?
Posted on behalf of Dayes Law Firm PC on Jan 20, 2021 in Appeals
If you were denied benefits after a reconsideration of your disability claim, you have the right to request a Social Security Disability appeal hearing. This can be done in one of three ways. A hearing before an Administrative Law Judge (ALJ) may offer you the best chance at overturning the decision.
Below, Dayes Law Firm explains the different ways to request a hearing and the deadline requirements to avoid getting your disability claim dismissed. We are prepared to guide you through the appeals process to obtain the disability benefits you need. An initial consultation with a Social Security Disability lawyer in Phoenix is completely free without any obligations.
Deadline for Requesting a Hearing
You must request a hearing within 60 days after receiving your reconsideration denial letter. The Social Security Administration (SSA) allows a five-day grace period for you to receive the letter in the mail, which means you actually have 65 days from the date on the denial letter to request a hearing.
Late requests will not be accepted unless you have a good reason for missing the deadline. A good reason may be that you were hospitalized for a certain time period after receiving the denial letter. Being ill, having comprehensive problems or experiencing other events out of your control may also qualify.
However, the SSA rarely accepts late requests. This is why it is important to adhere to the deadline or you will likely lose your ability to continue challenging the decision.
Different Ways to Request a Disability Appeal Hearing
There are three different ways to request a disability appeal hearing:
- Online via the SSA website
- Download and send in the forms
- Write a letter to your local Social Security field office
All requests must be also made in writing.
Requesting a Hearing Online
To request a hearing online, you must have already filed a disability claim, received a reconsideration denial letter, disagreed with the decision and decided to appeal.
There are two sections to an online request:
- A disability appeal application – You will be asked to update your personal details and state whether or not a lawyer will be representing you. (Disability claimants who seek legal representation can greatly improve their chances at being approved for benefits.)
- A disability report – You will be asked to provide any new details regarding your condition, such as reports on hospital stays and doctor visits, as well any hardships you have dealt with that impacts you from being able to work.
Prior to you beginning the online request, it is important that you collect the following:
- Your reconsideration denial letter
- Name, address and contact details of your lawyer, if you have one
- Name, address and contact details of a friend or relative who knows your condition and could potentially be a witness at your disability hearing
- Details of any changes in existing medical conditions and new medical conditions
- Names, dates and locations of any medical tests done and who performed them
- Names and dosage amounts of medications being taken and who prescribed them
- Names, dates and locations of any doctor visits and hospital stays
Turning in Your Hearing Forms
Form HA-501 is the main form that must be filed to obtain a hearing date in front of the ALJ. This form can be completed and turned into your local Social Security field office. Be sure to check your denial letter for the specific forms that must be submitted.
In Phoenix, there are two office locations: 16241 N Tatum Blvd and 250 N Seventh Ave Suite 100.
Form HA-501 will allow you to address why you do not agree with the SSA’s decision, inform the SSA that you are providing further evidence to assist your disability claim and inform the SSA that you plan on attending the hearing once the date has been scheduled.
You will also be required to submit these other forms to the SSA:
- Form SSA-3441 (Disability Report-Appeal) – Provide updated personal details, medical treatment details and contact details from a loved one who may be a witness at hearing
- Form SSA-827 (Authorization to Disclose Information to SSA) – Allows the SSA access to your medical records and any other information from a hospital or doctor treating your condition
- Form HA-4631 (Claimant’s Recent Medical Treatment) – Provide updates on recent treatments you have undergone
- Form HA-4632 (Claimant’s Medication) – Provide updates on any medications you have been prescribed and are currently taking
- Form HA-4633 (Claimant’s Work Background) – Required only if you have been working since filing your disability claim
- Form SSA-1696 (Appointment of Representative) – Required only if a lawyer is presenting you
If you are unsure about which forms to file or how to fill out a form, you can also write a letter to your local Social Security field office to request a hearing and obtain help with these forms.
Decades Representing Disability Claimants
Dayes Law Firm is prepared to help you request a hearing and represent you at the disability hearing. We know what it takes to gather the information needed to overturn a denial.
Find our how we may be able to help during a free initial consultation. It costs nothing up front if you decide to have one of our lawyers represent you. We only get paid if you obtain disability benefits.
Give us a call at 1-800-503-2000 to get started.