2nd Denial of Social Security Disability Benefits (SSDI) or Supplemental Security Income (SSI)
If a claim is denied at the reconsideration level, there is another opportunity to appeal the unfavorable decision. This appeal is called a request for a hearing before an administrative law judge (ALJ), and an individual has 60 days from the date on the denial letter (Notice of Reconsideration) to file it. After the 60-day statute, a claimant must submit "good cause" for filing late. The ALJ has the right to either reject or accept such a claim.
In order to file, one must submit the following forms to the SSA:
1. Request for Hearing by Administrative Law Judge (HA-501-U5)
2. Disability Report-Appeal (SSA-3441-BK)
3. Authorization for Source to Release Information to the Social Security Administration (SSA-827)
After the appeal is processed by the SSA, it will be forwarded to the Office of Disability Adjudication and Review, where it may undergo a pre-hearing case review to decide if a favorable decision can be made before a hearing is scheduled. If a favorable decision is made at this point, it is called a Decision on the Record. Generally however, the claim does proceed to the Hearing, which is scheduled many months later.
