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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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SSI/SSD DENIAL HEARING
© 2006-2007 by Neighborhood Legal Services, Inc.
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What is a Social Security Hearing?
A hearing is the next step in the appeal process you are entitled to when your
application has been denied.
Who will be at the Hearing?
Usually, it will just be you, your representative (if you have one), the judge's assistant, and the judge. We strongly recommend that you get an experienced representative to go the hearing with you. The Hearing is important! In close cases, the hearing is your best opportunity for a favorable decision.
Where is the Hearing held?
Hearings are held at the Office of Adjudication and Review (ODAR), located at the Key Center, Suite 200, 50 Fountain Plaza, Buffalo, NY 14202. They are held in a room that is the size of an office, and everyone sits around a table.
Will I have to answer questions?
Yes. The questions that you will be asked by the judge or your representative will be used to help the judge decide whether you are entitled to SSI or SSD benefits. It is very important that you speak up, and speak clearly, because the hearing is going to be tape recorded.
Will I be asked questions or cross examined by another representative?
No. There will not be another representative there trying to prove you are not disabled. The judge, however, probably will ask you some questions. It is the judge's duty to get all the facts on the record.
Can I have a witness testify for me?
Yes. If there is someone you and your representative feel might be able to help explain
why you are unable to work, a witness can testify for you. Your witness usually waits in
another room, then comes in and testifies.
How long will the Hearing be?
On the average, a hearing usually takes about an hour, but can last longer, or take a shorter amount of time.
When will I know the Judges decision?
Usually, the judge will not tell you the decision at the hearing. You can expect to receive a written decision in the mail after the hearing.
What can I do if I have more questions?
If you have questions about Social Security Hearings, you can call Neighborhood Legal Services at 847-0650, and ask for the Disability Unit. Neighborhood Legal Services may be able to answer your questions, and sometimes agrees to represent you.
