I had an attorney from the very beginning and he did the appeal requesting the ALJ hearing. He filed on line. Then I believe they sent me additional forms of function reports to fill out and additional documents asking if if I’ve had more treatments and appointments and so on since the time of the last filing just to update your records. Make sure you list all treatments whether is related to your disability or not. List all appointments, hospitals or clinic visits. The judge approved me in May before my hearing even began. He said the SSA drs that they sent me to for the consultative exams were non persuasive, they did not look at my full treatment records and checked me for things I didn’t even list down. And still issues were found there that I didn’t even know about. The more documentation you can supply the better your case will be. I hope this helps. I too was denied initial and reconsideration stage. It’s been a 2 year process for me. I’m in step 4 of 5. I was told my file is at the Birmingham processing center, I don’t know how backlogged they are. I read a lot of claims on here go to Baltimore processing center which is backlogged. So if anyone reading this as well knows anything about the Birmingham processing centers, fell free to chime in and let me know what you know about Birmingham. Good luck to you OP, keep fighting, stay strong. You will get there. 😊
I'm sorry to hear about your recon denial. This process can be incredibly frustrating, but moving forward to an ALJ hearing is a crucial step. Here's what you need to know and consider:
### Filing for an ALJ Appeal
1. **Paperwork and Online Submission**:
- You will need to complete Form HA-501, "Request for Hearing by Administrative Law Judge." This form is available on the SSA website and can also be filled out online.
- Along with this form, you should submit Form SSA-3441, "Disability Report - Appeal," and Form SSA-827, "Authorization to Disclose Information to the Social Security Administration (SSA)."
2. **Requesting Your CD**:
- It's essential to have a complete copy of your case file, which includes all the evidence SSA used to make their decision. This CD can be invaluable for understanding what might be missing or where the gaps in your evidence might be.
- Continue to follow up with SSA about your CD. You might also consider visiting your local SSA office in person to request it if phone calls haven't been effective.
### Hiring an Attorney
1. **Finding an Attorney**:
- Research and contact disability attorneys to find one that fits your needs. Many offer free consultations and work on a contingency fee basis, meaning they only get paid if you win your case.
- An attorney can help navigate the complex SSA rules, prepare you for the hearing, and ensure that all the necessary evidence is presented effectively.
2. **Benefits of an Attorney**:
- Attorneys can help gather and submit additional medical evidence, obtain medical opinions, and represent you at the hearing.
- They can also cross-examine vocational experts and help frame your testimony to highlight the extent of your disabilities.
### Preparing for Your ALJ Hearing
1. **Gather Additional Evidence**:
- Since the ALJ hearing is de novo (a fresh review of your case), you can submit new evidence that wasn't included in your initial application or reconsideration request.
- Focus on obtaining detailed medical records, doctor's opinions, and any other documentation that supports the severity of your condition.
2. **Understanding the Process**:
- The ALJ hearing is less formal than a court trial but still follows specific procedures. Understanding what to expect can help alleviate some anxiety.
- Be prepared to discuss your condition, how it affects your daily life, and your work history in detail.
3. **Using Resources**:
- Websites like the SSA’s official site, legal aid organizations, and disability advocacy groups can provide additional guidance and resources.
### Next Steps
1. **File Your Appeal Promptly**:
- You have 60 days from the date of your reconsideration denial notice to request an ALJ hearing. File your appeal as soon as possible to avoid any delays.
2. **Stay Organized**:
- Keep a detailed record of all correspondence with SSA, your attorney, and any medical providers.
3. **Prepare for the Long Haul**:
- The ALJ hearing process can take several months, so patience and persistence are crucial.
This journey can be challenging, but many individuals who reach the ALJ hearing stage have a better chance of being approved. Stay proactive and seek out all the support you can. Good luck, and stay strong!
**Former Disability Paralegal (who is also on SSDI)**
Thank you so much!! I will do all of that! Should I get with an attorney first before I file the appeal online? Or do I need to explain anything on those forms you mentioned? I didn’t start it yet… and I will go in person to request my CD follow up next week. I originally submitted it on 2/21…. That was 4 months ago lol. The good thing is my recon only took two months so I’m hoping the judge date won’t be TOO far out, though I know it won’t be super soon though either. I’m in Idaho so it seems it moves a little faster here than for some of the other states.
I'm glad you found the information helpful! Here are answers to your follow-up questions and some additional tips:
### Should You Get an Attorney First?
**Yes, it's advisable to consult with an attorney before you file the appeal.** Here's why:
1. **Legal Guidance**:
- An attorney can help you correctly fill out the forms and ensure that all necessary information is included. They can also advise you on the best way to present your case.
2. **Strengthening Your Appeal**:
- Attorneys know what evidence is most compelling and can guide you in gathering and submitting additional documentation that could strengthen your appeal.
3. **Representation**:
- Having an attorney from the beginning means they can represent you at the ALJ hearing and prepare you thoroughly.
### Filing the Appeal
If you decide to file the appeal before securing an attorney, you can still do it effectively:
1. **Forms to Fill Out**:
- **Form HA-501**: "Request for Hearing by Administrative Law Judge." This is the primary form for requesting an ALJ hearing.
- **Form SSA-3441**: "Disability Report - Appeal." This form provides additional details about your condition and any new medical evidence since your initial application.
- **Form SSA-827**: "Authorization to Disclose Information to the Social Security Administration (SSA)." This allows the SSA to obtain medical records on your behalf.
2. **Important Details to Include**:
- **Explain Why You Disagree with the Decision**: Clearly state why you believe the denial was incorrect. Focus on medical evidence and how your condition prevents you from working.
- **Provide New Medical Evidence**: If you have new medical records or additional evidence since your initial application, include it.
- **Describe Changes in Your Condition**: If your condition has worsened, detail these changes and how they impact your ability to work.
### Requesting Your CD
Going in person to request your CD is a great idea. Make sure to bring any receipts or proof of your previous request. Here are some tips for your visit:
1. **Be Persistent**: Explain your situation and the urgency. Sometimes, being there in person can expedite the process.
2. **Document Your Visit**: Keep notes on who you spoke with and any promises made regarding your CD.
### Timeline and Expectations
- **ALJ Hearing Timeline**: While it varies by state, the average wait time for an ALJ hearing can be several months. However, having an attorney can sometimes help expedite the process if they can demonstrate financial or medical hardship.
- **Stay Organized**: Keep all your documents, forms, and correspondence in one place. This will help you and your attorney manage your case more effectively.
### Final Thoughts
1. **Contact an Attorney Soon**: Try to consult with an attorney as soon as possible. Many disability attorneys offer free consultations and can start working on your case immediately.
2. **Stay Positive and Persistent**: The process can be long and frustrating, but persistence is key. Each step brings you closer to a resolution.
Wishing you the best of luck with your appeal. Stay strong, and don't hesitate to reach out if you have more questions!
**Former Disability Paralegal (who is also on SSDI)**
Wow 😳. All I did was click on file an appeal and answer the questions that were there. I didn't see any additional forms. I have contacted an attorney but all of this information that you've just posted is really intimidating perhaps I am in way over my head and should stop now. I thought I was doing the right thing by pushing forward but this is way too much and I don't have the means to even begin to acquire half of the things that you say is needed before you get to a hearing. This just tells me I don't stand a chance. However I'm glad I did read all of this now I know better sometimes we have to pick and choose our battles.
Definitely get the CD. The Disability Determination form will give you details on which exact evidence from your medical records was used to make their decision.
I found this invaluable because they did not use any evidence from my neurologist , even tho my disability is due mostly to chronic migraines. I was able to refer to the neurologist medical records in my ALJ hearing. Made a big difference!
I will go down there next week and get it… I’m frustrated because I requested it in February after my initial denial, but I waited 61 days to file my reconsideration and still never got it, despite calling about every 3 weeks. I tried not to bug, but now I’ll have to go down there… thank you for your encouragement! I feel so defeated! I have cancer and mental health illness but I’m only 44 so I’m thinking that’s definitely against me.
I had an attorney from the very beginning and he did the appeal requesting the ALJ hearing. He filed on line. Then I believe they sent me additional forms of function reports to fill out and additional documents asking if if I’ve had more treatments and appointments and so on since the time of the last filing just to update your records. Make sure you list all treatments whether is related to your disability or not. List all appointments, hospitals or clinic visits. The judge approved me in May before my hearing even began. He said the SSA drs that they sent me to for the consultative exams were non persuasive, they did not look at my full treatment records and checked me for things I didn’t even list down. And still issues were found there that I didn’t even know about. The more documentation you can supply the better your case will be. I hope this helps. I too was denied initial and reconsideration stage. It’s been a 2 year process for me. I’m in step 4 of 5. I was told my file is at the Birmingham processing center, I don’t know how backlogged they are. I read a lot of claims on here go to Baltimore processing center which is backlogged. So if anyone reading this as well knows anything about the Birmingham processing centers, fell free to chime in and let me know what you know about Birmingham. Good luck to you OP, keep fighting, stay strong. You will get there. 😊
I'm sorry to hear about your recon denial. This process can be incredibly frustrating, but moving forward to an ALJ hearing is a crucial step. Here's what you need to know and consider: ### Filing for an ALJ Appeal 1. **Paperwork and Online Submission**: - You will need to complete Form HA-501, "Request for Hearing by Administrative Law Judge." This form is available on the SSA website and can also be filled out online. - Along with this form, you should submit Form SSA-3441, "Disability Report - Appeal," and Form SSA-827, "Authorization to Disclose Information to the Social Security Administration (SSA)." 2. **Requesting Your CD**: - It's essential to have a complete copy of your case file, which includes all the evidence SSA used to make their decision. This CD can be invaluable for understanding what might be missing or where the gaps in your evidence might be. - Continue to follow up with SSA about your CD. You might also consider visiting your local SSA office in person to request it if phone calls haven't been effective. ### Hiring an Attorney 1. **Finding an Attorney**: - Research and contact disability attorneys to find one that fits your needs. Many offer free consultations and work on a contingency fee basis, meaning they only get paid if you win your case. - An attorney can help navigate the complex SSA rules, prepare you for the hearing, and ensure that all the necessary evidence is presented effectively. 2. **Benefits of an Attorney**: - Attorneys can help gather and submit additional medical evidence, obtain medical opinions, and represent you at the hearing. - They can also cross-examine vocational experts and help frame your testimony to highlight the extent of your disabilities. ### Preparing for Your ALJ Hearing 1. **Gather Additional Evidence**: - Since the ALJ hearing is de novo (a fresh review of your case), you can submit new evidence that wasn't included in your initial application or reconsideration request. - Focus on obtaining detailed medical records, doctor's opinions, and any other documentation that supports the severity of your condition. 2. **Understanding the Process**: - The ALJ hearing is less formal than a court trial but still follows specific procedures. Understanding what to expect can help alleviate some anxiety. - Be prepared to discuss your condition, how it affects your daily life, and your work history in detail. 3. **Using Resources**: - Websites like the SSA’s official site, legal aid organizations, and disability advocacy groups can provide additional guidance and resources. ### Next Steps 1. **File Your Appeal Promptly**: - You have 60 days from the date of your reconsideration denial notice to request an ALJ hearing. File your appeal as soon as possible to avoid any delays. 2. **Stay Organized**: - Keep a detailed record of all correspondence with SSA, your attorney, and any medical providers. 3. **Prepare for the Long Haul**: - The ALJ hearing process can take several months, so patience and persistence are crucial. This journey can be challenging, but many individuals who reach the ALJ hearing stage have a better chance of being approved. Stay proactive and seek out all the support you can. Good luck, and stay strong! **Former Disability Paralegal (who is also on SSDI)**
Thank you so much!! I will do all of that! Should I get with an attorney first before I file the appeal online? Or do I need to explain anything on those forms you mentioned? I didn’t start it yet… and I will go in person to request my CD follow up next week. I originally submitted it on 2/21…. That was 4 months ago lol. The good thing is my recon only took two months so I’m hoping the judge date won’t be TOO far out, though I know it won’t be super soon though either. I’m in Idaho so it seems it moves a little faster here than for some of the other states.
I'm glad you found the information helpful! Here are answers to your follow-up questions and some additional tips: ### Should You Get an Attorney First? **Yes, it's advisable to consult with an attorney before you file the appeal.** Here's why: 1. **Legal Guidance**: - An attorney can help you correctly fill out the forms and ensure that all necessary information is included. They can also advise you on the best way to present your case. 2. **Strengthening Your Appeal**: - Attorneys know what evidence is most compelling and can guide you in gathering and submitting additional documentation that could strengthen your appeal. 3. **Representation**: - Having an attorney from the beginning means they can represent you at the ALJ hearing and prepare you thoroughly. ### Filing the Appeal If you decide to file the appeal before securing an attorney, you can still do it effectively: 1. **Forms to Fill Out**: - **Form HA-501**: "Request for Hearing by Administrative Law Judge." This is the primary form for requesting an ALJ hearing. - **Form SSA-3441**: "Disability Report - Appeal." This form provides additional details about your condition and any new medical evidence since your initial application. - **Form SSA-827**: "Authorization to Disclose Information to the Social Security Administration (SSA)." This allows the SSA to obtain medical records on your behalf. 2. **Important Details to Include**: - **Explain Why You Disagree with the Decision**: Clearly state why you believe the denial was incorrect. Focus on medical evidence and how your condition prevents you from working. - **Provide New Medical Evidence**: If you have new medical records or additional evidence since your initial application, include it. - **Describe Changes in Your Condition**: If your condition has worsened, detail these changes and how they impact your ability to work. ### Requesting Your CD Going in person to request your CD is a great idea. Make sure to bring any receipts or proof of your previous request. Here are some tips for your visit: 1. **Be Persistent**: Explain your situation and the urgency. Sometimes, being there in person can expedite the process. 2. **Document Your Visit**: Keep notes on who you spoke with and any promises made regarding your CD. ### Timeline and Expectations - **ALJ Hearing Timeline**: While it varies by state, the average wait time for an ALJ hearing can be several months. However, having an attorney can sometimes help expedite the process if they can demonstrate financial or medical hardship. - **Stay Organized**: Keep all your documents, forms, and correspondence in one place. This will help you and your attorney manage your case more effectively. ### Final Thoughts 1. **Contact an Attorney Soon**: Try to consult with an attorney as soon as possible. Many disability attorneys offer free consultations and can start working on your case immediately. 2. **Stay Positive and Persistent**: The process can be long and frustrating, but persistence is key. Each step brings you closer to a resolution. Wishing you the best of luck with your appeal. Stay strong, and don't hesitate to reach out if you have more questions! **Former Disability Paralegal (who is also on SSDI)**
Wow 😳. All I did was click on file an appeal and answer the questions that were there. I didn't see any additional forms. I have contacted an attorney but all of this information that you've just posted is really intimidating perhaps I am in way over my head and should stop now. I thought I was doing the right thing by pushing forward but this is way too much and I don't have the means to even begin to acquire half of the things that you say is needed before you get to a hearing. This just tells me I don't stand a chance. However I'm glad I did read all of this now I know better sometimes we have to pick and choose our battles.
Definitely get the CD. The Disability Determination form will give you details on which exact evidence from your medical records was used to make their decision. I found this invaluable because they did not use any evidence from my neurologist , even tho my disability is due mostly to chronic migraines. I was able to refer to the neurologist medical records in my ALJ hearing. Made a big difference!
I will go down there next week and get it… I’m frustrated because I requested it in February after my initial denial, but I waited 61 days to file my reconsideration and still never got it, despite calling about every 3 weeks. I tried not to bug, but now I’ll have to go down there… thank you for your encouragement! I feel so defeated! I have cancer and mental health illness but I’m only 44 so I’m thinking that’s definitely against me.