HEARINGS: WILL I GET A BRAND NEW DECISION?

You have been denied disability benefits and filed an appeal.  You are about to attend a hearing.  A question we often get is, "Will the same person who denied my benefits in the first place also be the one who hears my case in the appeal hearing?"

The answer is, No.  You will get a de nova (entirely new) decision. The person who will hear your appeal and provide a new decision in response to your appeal is an administrative law judge.  This judge had no part in your first decision or denial of benefits.  He or she will be looking at your evidence for the first time and will provide you with a new decision based on a review of all the evidence--including any new evidence that you have submitted since the denial--and the testimony you provide at the hearing.

What are the advantages available at the hearing that were not available with your initial application process?  There are several:
  1. For the very first time, you get to appear in person and speak to the decision maker.
  2. You have an opportunity to explain the evidence and to answer questions.
  3. You have an opportunity to present any new evidence you have.
  4. Witnesses who know about your illness or functional limitations can speak for you.
  5. A professional representative who knows Social Security laws and rules can be with you at the hearing.
  6. Your hearing will be presided over by an administrative law judge who has a law degree and years of experience in disability decision making.
  7. You will have an opportunity to challenge or dispute evidence that was used to deny your original claim. 
A hearing, therefore, can be a wonderful opportunity to get an entirely new review and a new decision on your disability claim.  You only get this kind of hearing one time with each application, so make the most of it.

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