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Hearing and ALJ

The hearing process starts when the claimant applying for benefits is rejected at the initial and reconsideration stages. The following step in the appeals process is a hearing in the presence of an administrative law judge (ALJ). You or your attorney have the ability to request a hearing before an ALJ. The ALJ then makes a decision based on the evidence in the record, which includes any medical and other evidence and statements you've made at the hearing. The Social Security Administration (SSA) will guide you through the steps required to fill out a hearing request form, or simply write a letter to SSA. Don’t forget, the request must be in writing.

Under normal conditions, you have 60 days after receiving SSA’s decision to request an appeal; the countdown from 60 days does not commence until five days after SSA mails the notice. If you can show proof that it took longer than five days to reach you, that is acceptable. If SSA does not receive your response within the 60-day timeframe, the ALJ reserves the right to disregard the appeal. Essentially, there is a possibility that you will not advance to the next step in the appeals process and may forfeit the option for further review. If you delay and don't respond for more than 60 days, you will need a legitimate excuse, or "good cause," in order to be granted an extension. If you need help, representatives at the Social Security office can assist you in filing a written request that will lengthen the timeline.

After SSA receives your appeal, your case details are turned over to the ALJ's office. SSA makes a concerted effort to schedule hearings as soon as possible, but there could always be holdups due to other appeals in progress or travel agendas. Across the country, SSA has fewer than 140 offices, and about 40 percent of hearings are held in remote areas. Due to these accommodations, the odds you will have to travel considerably for your hearing are not as likely. No more than 20 days prior to your hearing, you will receive a notice providing the date, time, and location of the hearing. The ALJ normally schedules a hearing within a 75-mile radius of your home, but if multiple hearings can be held in a specific location, your hearing may require more travel. If you foresee any potential problems with travel, alert the SSA office at the time of your appeal or shortly after making your request. If you have a health issue prohibiting you from appearing at the hearing, include a doctor’s note along with your hearing request that clarifies why you will not be able to make it.

• You and your attorney can review your case file and submit new evidence.
• If you want the ALJ to take additional evidence into consideration, be sure to make it available as soon as possible. If it is not in your possession at the time of your hearing request, send it to the ALJ as quickly as possible.

• The ALJ will issue an explanation of the terms of your case and could question you and any witnesses that you bring to the table.
• The ALJ could request that additional witnesses (i.e. medical or vocational expert) be present at the hearing.
• All questions are answered under oath. The hearing is held in an informal setting, but it still is recorded.
• You and your attorney are allowed to cross-examine any witnesses and offer up evidence.

• The ALJ sends out a written judgment after considering all evidence.
• The ALJ provides you and your attorney with a duplicate of the decision or dismissal order.

If you would rather not appear at the hearing, you need to let SSA know at the same time as your appeal. Ask the ALJ to determine your claim with the evidence in your file. Any new evidence can be submitted using Form HA-4608, which is available upon request at your local hearing office. If the claim has anything to do with disability, it may be a good idea to provide the ALJ with an explanation of your medical condition that impairs your daily routine and keeps you out of work. The ALJ could determine that your attendance at the hearing will be beneficial, especially if no one else can provide better testimony than you. If this is the case, the ALJ may schedule you to appear at the hearing despite your request to be absent.

If the ALJ schedules a hearing, you and your lawyer should make every effort to be there. If some sort of conflict keeps you from attending, alert the ALJ before the hearing, and explain the conflict. If you provide the ALJ with a valid excuse, your hearing will likely be rescheduled. Conversely, if the ALJ deems your excuse unacceptable, your hearing request may be denied.

If you have no choice but to travel 75 miles to attend the hearing, SSA can provide some compensation. Here are the stipulations:

• SSA can fund transportation expenses such as a bus ticket or gas for your car.
• Under certain circumstances, you may be forced to spend money on food, lodging, or cab fares. The ALJ must consent to these costs prior to the hearing unless they were unexpected due to an emergency.
• The ALJ also has the authority to approve compensation for the travel expenses of your attorney and any witnesses vital to the outcome of the hearing.
• You must submit documentation of travel expenses to the ALJ either at the hearing or with as little delay as possible afterwards. This write-up must include a list of expenditures along with associated receipts. If you put in for a change in the hearing’s address to a building further from your residence or workplace, SSA is not responsible for any related fees.
• If you need money for travel costs up front, let the ALJ know before the day of the hearing. The only way an advance request can be granted is if you prove that a lack of funds would assure your incapability to travel.
• If you receive an advance, you must provide the ALJ with a detailed list of travel expenses and receipts within 20 days of the hearing.
• If the advance is greater than your actual travel costs, you must pay back the difference within 20 days of receiving notification of the discrepancy.

The hearing process can be prolonged, so your cooperation will help SSA evaluate your request as rapidly as possible. There are a variety of methods to expedite your appeal:

• If you plan to consult a lawyer, this should be done as soon as possible; your counsel will require time to review your file and get ready for the hearing. If you hold off until the date of the hearing or just before, your attorney may request that the hearing be rescheduled in order to dedicate more time to case preparation. Hearings are normally scheduled two to three months ahead, so if one is to be rescheduled, expect that much more of a delay in the hearing process.
• Don't cancel your hearing unless it is completely unavoidable. Rescheduling your hearing will only delay the determination of your claim.
• Before the day of the hearing, make sure you or your attorney submits any original or updated medical evidence that you want the ALJ to take into account. Updated evidence could eliminate the need for a hearing and result in an early positive outcome. If you are not so fortunate, and a hearing becomes a necessity, it will reduce setbacks caused from delays in the delivery of evidence.
• Notify SSA of any recent address changes.

If you believe you were treated unjustly by an ALJ, tell a representative from SSA immediately. You have the right to file a complaint at any time during the appeals process. For more information about how to report a problem with an ALJ, read “How to File an Unfair Treatment Complaint.”