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| Links to Official Social Security Disability Information |
Social Security Administration Attacks Disability Backlog
The Social Security Handbook -- A comprehensive guide to all of Social Security's benefit programs
Social Security Disability Benefits -- A description of the Social Security disability benefit programs
Medicare/Medicaid Services -- Replacing a Medicare card and health insurance information
Direct Deposit -- How to set up and start direct deposit of benefits
The Administrative Law Judge Hearing: 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 (ALJ) office. Although SSA attempts to schedule all hearings promptly, there may be delays due to the volume of pending appeals or delays due to ALJ travel schedules if you wish to make an in-person appearance at the hearing rather than by video teleconference. Often, a hearing by video teleconference can be scheduled faster than an in-person hearing. SSA has 141 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 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 more hearings can be held 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 due to your health, submit a doctor's report with your request for hearing, explaining why you cannot travel.
What Happens
- 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.
If You Do Not Wish to Appear or Cannot Appear at the Hearing If you do not wish to appear in person at the hearing, you must let SSA 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, along with any new evidence by contacting your local Hearing Office and requesting a Form HA-4608. However, if your claim involves "disability," you may wish 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.
If 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.
If you must travel more than seventy-five miles from your home or office to attend the hearing, SSA can pay certain costs. Here are the rules that apply:
- We can pay your transportation expenses such as the cost of a bus ticket or expenses for driving your car.
- In certain circumstances, you may need meals, lodging, or taxicabs. The Administrative Law Judge must approve these special travel costs before the hearing unless the costs were unexpected and unavoidable.
- The Administrative Law Judge may also approve payment of similar travel expenses for your representative and any witnesses he or she determines are needed at the hearing.
- You must submit a written request for payment of travel expenses to the Administrative Law Judge at the time of the hearing or as soon as possible after the hearing. List what you spent and include supporting receipts. If you requested a change in the scheduled location of the hearing to a location farther from your residence, SSA cannot pay for any additional travel expenses.
- If you need money for travel costs in advance, you should tell the Administrative Law Judge as soon as possible before the hearing. SSA can make an advance payment only if you show that without it you would not have the funds to travel to or from the hearing.
- If you receive travel money in advance, you must give the Administrative Law Judge an itemized list of your actual travel costs and receipts within 20 days after your hearing.
- If SSA gave you an advance payment that is more than the amount you are due for travel costs, you must pay back the difference within 20 days after SSA tells you how much you owe.
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