The hearing process begins after an applicant for benefits has been denied at the initial and reconsideration levels. The next step in the appeals process is a hearing before an Administrative Law Judge (ALJ).

You or your representative may request a hearing by an Administrative Law Judge. The ALJ will make an independent decision based on the evidence the administration has, including your testimony at the hearing.

Amount of time allowed to appeal a deninal:
Time Limits for Appeal Generally, you have 60 days after you receive the notice of a decision to ask for any type of appeal. In counting the 60 days, the administration presume that you receive the notice five days after we mail it unless you can show that you received it later.

If you do not file an appeal timely, the ALJ may dismiss your appeal. This means that you may not be eligible for the next step in the appeal process and that you may also lose your right to any further review.

You must have a good reason if you wait more than 60 days to request an appeal. If you file an appeal after the deadline, you must explain the reason you are late and request that the administration extend the time limit.

When and where the hearing is held after you request a hearing:
Your Social Security office sends your case file to the Administrative Law Judge’s office. Although the administration attempt to schedule all hearings promptly, there may be delays due to pending appeals or delays due to travel schedules. The administration has less than 140 offices nationwide and approximately 40% of hearings are held in remote locations. This lessens the likelihood that you may need to travel far for your hearing.

At least 20 days before your hearing, the administration will send you a notice telling you the date, time, and place of the hearing.

The Administrative Law Judge usually holds the hearing within 75 miles of your home. However, your hearing may be farther away so more hearings can be held in one location.

What Happens During a Hearing Before the hearing:
You and your representative, if you have one, may look at the evidence in your case file and submit new evidence.

It is very important that you submit as soon as possible any additional evidence you want the Administrative Law Judge to consider. If you do not have it when you request a hearing, send it to the Administrative Law Judge as soon as you can.

At the hearing:
The Administrative Law Judge explains the issues in your case and may question you and any witnesses you bring to the hearing.

The Administrative Law Judge may ask other witnesses, such as a doctor or vocational expert, to come to the hearing. You and the witnesses answer questions under oath. The hearing is informal but is recorded. You and your representative, if you have one, may question any witnesses and submit evidence.

After the hearing:
The Administrative Law Judge issues a written decision after studying all the evidence. The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order.

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