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Law offices of Stephen Barszcz Disability Lawyer
  • NATIONAL DISABILITY ATTORNEY

What is an SSDI Hearing?

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If you were recently injured or diagnosed with a medical condition that has resulted in a long-term disability, you may be thinking about applying for Social Security Disability Insurance (SSDI) benefits. According to the Social Security Administration (SSA), which administers SSDI payments, there are more than 9.2 million SSDI beneficiaries throughout the country, and that number generally increases annually. Although millions of Americans have been approved for and are currently receiving SSDI benefits, the application process is complex, and it can seem mystifying for many disabled applicants. You may not be certain about what to expect during the application process, or what information you need to submit. A lawyer can help with all of this to ensure that your claim is not denied the first time around due to a mistake or omission.

Yet it is also important for you to have a general idea of what you should expect as you seek SSDI benefits. One part of the process you may have come across is the SSDI hearing. You may be wondering: do I need to attend a hearing, and if so, what should I expect? The good news is that a hearing is only necessary if you need to appeal a denial of benefits. Our national SSDI lawyers can explain.

Appeals Process for SSDI Benefits and Requesting a Hearing 

For your initial SSDI application, you will not have to attend a hearing. The initial application process requires submitting medical evidence that shows you have a disability and are eligible for SSDI benefits for medical reasons, and submitting information to show that you have enough work credits to qualify for SSDI benefits. However, many applicants are denied benefits after an initial application — often for reasons that involve a minor error, or the applicant not having a clear understanding of what documents were specifically required. After an initial denial of benefits, the denied applicant can look to the appeals process.

The first stage of appeal is called a “reconsideration,” and even this initial appeals stage does not involve a hearing. A reconsideration essentially involves resubmitting your SSDI application, and including any additional information that may have been missing from the original application. Reconsiderations can be a “disability reconsideration” (for a medical denial) or a “non-medical reconsideration” (for a denial having to do with something other than your medical condition and disability).

It is only after a reconsideration results in another denial that there is the possibility of a hearing. After an applicant is denied again upon reconsideration, then the applicant can request a hearing with a judge.

SSDI Hearing with a Judge 

What should you expect in an SSDI hearing? You can request a “disability hearing” or a “non-medical hearing,” depending on the reason for your denial upon reconsideration. You must request the hearing within 60 days.

The hearing will be before an administrative law judge (ALJ), and it can take place in person, by phone, or online through video conferencing. It will be similar to any other type of court appearance where you will present your case before the ALJ, who will make a ruling on your SSDI benefit eligibility. Given the complexities of presenting your case before an administrative law judge, it is critical to have experienced counsel on your side for the hearing.

Contact a National SSDI Benefits Attorney Today 

Do you need assistance with your SSDI application or any aspect of the appeals process? One of the experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz can begin working with you today. Contact us for more information.

Sources:

ssa.gov/policy/docs/statcomps/di_asr/2021/sect01.html

ssa.gov/apply/appeal-decision-we-made/request-reconsideration

ssa.gov/apply/appeal-decision-we-made/request-hearing

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