SSI Disability Hearing: Rights of Applicants

An SSI disability hearing is one of the steps before a social security benefits claim can get approved, especially if it was initially rejected. The Supplemental Security Income (SSI) is a federal program implemented by the Social Security Administration which provides benefits to disabled adults and children as well as people aged 65 years and older who have limited income and resources.

SSI, unlike disability benefits or retirement benefits, do not require that the beneficiary to have earned Social Security “credits” while working and paying for taxes. Thus, getting approved for SSI benefits may be tougher as there are likely more applicants because there are less eligibility requirements and is more needs-based.

Initial Application Denial

If your claim gets denied, it doesn’t automatically mean that it’s the end of the road for you and your application for SSI benefits. There are instances when your application was only rejected because you lacked information or your claim was unconvincingly presented. But take note that you can always appeal this decision.

Reconsideration

Prior to an SSI disability hearing is the reconsideration phase. If the decision is still adverse to your claim, then the applicant may request for a hearing. At this point, it would be advantageous for you to acquire the services of a social security attorney. There may have been important documents and evidence you missed when you first filed a claim so a lawyer, especially during the hearing, can make sure that your application has what it takes to be successful.

The Hearing

During the hearing, your lawyer can give more evidence about your medical condition, clarify information, and present witnesses who can validate your claim. Medical and vocational experts may also be presented during the hearing and your legal counsel can question these witnesses to further establish your claim.

The hearing shall be conducted and presided over by an administrative law judge (ALJ). He will be the one to notify you of the time and place of your hearing. Hearings are usually conducted within 75 miles of your home but if you are unable or physically incapacitated to attend, may avail of the option of having a hearing by a video conference.

There are pros and cons when it comes to a video conference or attending your hearing in person – while the former is faster and more convenient, attending hearings in person can help you and your counsel explain your case better.

Applicant Rights

You have the right to question a decision made on your SSI claim – asking for a reconsideration, a hearing, and filing an appeal with both the Appeals Council review and the Federal court are your options.

If your SSI claim has been rejected, do not lose hope and give up. Consult with a social security attorney to help you with your claim and avail of your right to appeal the decision.