Preparing for an Administrative Law Judge Hearing

An administrative law judge hearing is the second step in the Social Security Disability appeals process. It occurs after the Social Security Administration (SSA) reconsiders an application that it previously denied.

Administrative Law Judges

An administrative hearing is conducted by an administrative law judge. This type of judge is appointed by the SSA and does not need to technically be a judge. Anyone with experience with the Social Security Disability benefit process or the SSA can be appointed. Even though he is appointed by the agency, the administrative law judge must remain neutral during his review.

Administrative Hearings

The administrative law judge's review occurs after a case worker who did not take place in the original review of your application upholds its denial. You must request that the administrative hearing occur after this second denial. The hearing is conducted in person by a judge located within 75 miles of your residence. Although your application and file is the main component of the review, the judge may ask you to submit more information after he conducts a preliminary review. You may review your file and provide any additional information or documents you have before the hearing. The judge sets the time and place of the hearing and notifies you of it. There is no requirement that you attend the hearing, but the SSA encourages you to.

The Scope of Review

The administrative law judge reviews the entire contents of your file to determine whether you qualify for disability benefits. Their scope of review is not limited to the SSA's previously used procedures. Instead, it is an entirely new review, essentially the third review of your file. The judge uses the same qualifications as the SSA relied upon when reviewing your file. Therefore, your file will still need to show that you meet the agency's qualification as "disabled" for your specific illness or injury.

If the judge believes that the SSA improperly denied you benefits he will award them to you. He then will remand the file to the SSA to determine the amount of benefits you should receive each month and to provide you with those benefits. At this point, the judge's job is complete and he is no longer involved in your case. If, however, the judge believes that you are not entitled to benefits, he will uphold the SSA's decision, rejecting your appeal. You must then request that your case proceed to the third step in the appeals process, which is a review by the Appeals Council.

Preparing for an Administrative Review

After you request an administrative hearing, but prior to the hearing, ensure that your file contains all necessary documentation. Medical records, particularly any created between the time of your application and its denial, are essential. Arrive at your hearing early with extra copies of your records. Be polite, calm and most of all, adamant that you qualify for benefits under the SSA guidelines.

Seek legal advice if you are uncertain how to handle your administrative hearing. Even if you were not represented by an attorney when you filed for disability, you can still hire one to assist you during the hearing. A lawyer will explain the hearing process and procedures and guide you in what documents to provide.