70% of all people who apply for SSDI or SSI are denied the first time that they apply. At this point the applicant has three choices: (1) don’t pursue the issue further, (2) file a new claim, or (3) appeal the denial. The best choice to make is to appeal the denial. To make an appeal you will have 60 days to file a Request for Reconsideration. This form is available both at the Social Security Office and online. After this form is filed the Social Security Administration will re-evaluate the case. Again the claimant will need to wait while this re-evaluation occurs.
If you are denied again then you will need to appeal again, this time by filing a Request for Hearing. Again this form is available at the Social Security Office and online. Once your Request for Hearing has been received and processed a hearing date will be scheduled so that your case will be heard before an Administrative Law Judge. You will receive a Notice of Hearing with the time, place, and date of your hearing, and the name of the judge that will be listening to your case. You will be given about 30 days to prepare your case for the hearing. If you haven’t done so already, you will want to get legal representation at this point of the processes. Without professional help, you really don’t have a fair chance at winning your case.
When the day for your hearing arrives you will want to arrive a few minutes before you are scheduled to go over the details of your case with your attorney or legal representative. You should dress neatly, but not too formal. The hearing itself will not last more than an hour. After hearing all of the information, the judge will adjourn and will consider the matter. It will take a few weeks or even months before a final decision on your case will be made. The good news of this stage of your application for benefits is that 50% of cases that are heard before a judge are approved.