STAGE THREE
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If a claimant decides to appeal their reconsideration denial (and they should), they must file a Request for Hearing.
- The Request for Hearing is the second appeal in the social security disability process and what happens at this level is very different from what happens at the Initial and Reconsideration levels. (for details--see "Overview, Part 2").
- A claimant, again, has 60 days from the date of the Reconsideration's denial to file the necessary paperwork.
- After the Hearing request is submitted, the claimant will, eventually, be granted a hearing date to have their case heard before an Administrative Law Judge, or ALJ. Many ALJ's hear over a thousand Disability cases for the social security administration each year.
- When the case is scheduled and ready to be heard, the claimant is sent a Notice of Hearing.
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The Notice of Hearing letter informs the individual of the time, place, and date of their hearing, as well as the name of the judge hearing the case.
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Claimants for social security disability are usually given 30 days advance notice for a hearing (although ALJs are only obligated to give 20 days notice).
- At this point, if a claimant does not have a disability representative assisting them, they should obtain one immediately. Why?
- While it is not entirely necessary to have a representative working on the case prior to the hearing level (though, for many people, it is a good idea to have help from the very start)----to go to an ALJ hearing without representation is the equivalent of commmitting suicide on your social security disability case.
- This is because a representative will do certain things to prepare, and defend, your case that you simply will not know how to do.
- On the day of the hearing, both the Claimant and the Representative appear at the designated hearing site.
- Disability hearings tend to be informal, so casual dress is acceptable and even encouraged.
- Disability Hearings are also concise events, usually lasting under an hour.
- Hearings are usually held at the Office of Hearings and Appeals. Sometimes, however, due to distance considerations, a Social Security hearing for disability is held at a location nearer to where the Claimant lives (for example, bank buildings and hotel conference rooms).
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CONTINUE TO STAGE FOUR
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