Skip to content Social Security Online |
Hearings and Appeals - Electronic Leaflet |
www.socialsecurity.gov |
Hearings and Appeals |
Your Right To An Administrative Law Judge Hearing And
SSA Publication No. 70-10281,
March 2009, ICN 469055 [View .pdf] (En Español) [Audio.mp3] |
You can question the decision Social Security makes on your caseIf you are eligible for Social Security or Supplemental Security Income Benefits, we want to make sure that you get them on time and in the right amount. After we decide whether or not you are eligible for benefits, or that we will stop your benefits, or change the amount, we send you a letter explaining our decision. If you do not agree with our decision, you have the right to appeal it. When you ask for an appeal, Social Security may review the entire decision, including those parts which were favorable to you. |
||
Four steps of appealThere are four steps of appeal:
|
||
You may have a representativeYou may want a lawyer, friend, or other qualified person to represent you. The people at any Social Security office can help you if you have trouble finding a representative or if you cannot afford one. If you decide to have a representative, you need to tell us by filling out a special form available at any Social Security office. If you have a representative, you may have to pay his or her fees. For more information about representation and about the fees a representative may charge, ask your Social Security office for the publication, Your Right To Representation (Publication No. 05-10075). |
||
How to request a hearing or Appeals Council reviewYou or your representative may request a hearing by an Administrative Law Judge in the Office of Disability Adjudication and Review. The Administrative Law Judge has not had any part in your case. If you think the Administrative Law Judge’s action is wrong, you may request that the Appeals Council, which is also part of our Office of Disability Adjudication and Review, review the judge’s action. Your request must be in writing. We can help you fill out the special form for either a hearing or an Appeals Council review at any Social Security office, or you can write us a letter. |
||
You have 60 days to appeal our decisionGenerally, you have 60 days after you receive the notice of our decision to ask for any type of appeal.
|
||
When and where your hearing is heldAfter you request a hearing, your Social Security office sends your case file to the Administrative Law Judge’s office. Although the Administrative Law Judge attempts to schedule all hearings promptly, there may be some delay if there are many requests ahead of yours or because of travel schedules. At least 20 days before the hearing, the Administrative Law Judge 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 several cases can be heard in one location. If travel arrangements will present a problem for you, tell the Social Security office when you request a hearing or as soon as possible after that. If you want to appear at a hearing but are unable to travel because of your health, submit a doctor’s report with your request for a hearing, explaining why you cannot travel. If we are using video hearing equipment in your area, we will contact you to schedule a video appearance for you. For more information about a video hearing, ask your Social Security office for the publication, Why You Should Have Your Hearing By Video (Publication No. 70-067). |
||
Administrative Law Judge hearingBefore the hearing:
At the hearing:
After the hearing:
|
||
You must let us know in writing if you do not wish to appear or cannot appear at the hearingIf you do not wish to appear in person at the hearing, you must let us know in writing when you request the hearing. Give your reasons, and ask the Administrative Law Judge to make a decision based on the evidence in your file and any new evidence. However, if your claim involves “disability,” you may want to explain how your medical problems limit your activities and prevent you from working. The Administrative Law Judge may decide that your presence at the hearing will be helpful, especially if only you can best explain certain facts. If so, he or she may schedule a hearing even if you asked not to be present. | ||
You should go to your scheduled hearingIf the Administrative Law Judge schedules a hearing you and your representative, if you have one, should attend. It is very important that you attend a scheduled hearing. If for any reason you cannot attend, contact the Administrative Law Judge as soon as possible before the hearing and state the reason. The Administrative Law Judge will reschedule the hearing if you have provided a good reason. If you do not go to a scheduled hearing and the Administrative Law Judge decides that you do not have a good reason for not going, your request for hearing may be dismissed. |
||
When we can pay travel expensesIf you must travel more than 75 miles from your home or office to attend the hearing, we can pay certain costs. Here are the rules that apply:
|
||
Appeals Council reviewIf you think the Administrative Law Judge’s decision or dismissal order is wrong, you may ask the Appeals Council to review your case. When you make your written request, you should submit any new evidence you have. The Appeals Council carefully examines your case and notifies you in writing of the action it takes. The Appeals Council may grant, deny, or dismiss your request for review. If the Appeals Council grants your request, it will either decide your case or return it to the Administrative Law Judge for further action (which could include another hearing and a new decision). If the Council decides a formal review would not change the Administrative Law Judge’s decision or dismissal, it will deny your request. |
||
Federal court actionIf you do not agree with the Appeals Council’s decision or denial of your request for review of the Administrative Law Judge’s decision, you may file a civil action in the United States District Court for the area where you live. |
||
For more informationIf you have any questions, please call, write, or visit any Social Security office. The people there will be glad to help you. Most questions can be answered by phone. The toll-free number is 1-800-772-1213 (for the deaf or hard of hearing, call our TTY number, 1-800-325-0778). Or you can go to our website at www.socialsecurity.gov/appeals. Please include your Social Security number in letters you write to any Social Security office or have it ready when you call. |
||
Privacy Policy | Website
Policies & Other Important Information | Site
Map
Last reviewed or modified Friday May 25, 2012 |