You have 60 days after you receive the previous determination or decision to request a hearing.

If you miss the deadline for requesting a hearing, you may tell us why you missed it and ask us to extend it. We can answer any questions you have and help you file a written request to extend the deadline.

If you miss the deadline for requesting a hearing and cannot provide a good reason for doing so, the ALJ may dismiss your appeal. Dismissal means that you may not be eligible for the next step in the appeal process. You may also lose your right to any further review.

You, or your representative if you have one, can file a written request. You can submit your request one of 3 ways:

• Online,
• By downloading the forms you need and sending them to us by mail.
• By calling or writing to your local Social Security office to ask for assistance in completing your request.

You can check the status of your hearing request using your personal my Social Security account. A personal my Social Security account is an easy, convenient, and secure way to do business with us. If you don’t have one, you can create one today.

After you submit your hearing request, we will send it to one of our hearing offices to begin the hearing process.

Once the hearing office receives your hearing request, we will review it and contact you if there are any questions. We will also send you a document titled “Notice of Ways to Attend a Hearing”, which provides information about how you can appear at a hearing before a judge, and includes forms to object or agree to certain hearing methods.

More information regarding our hearing options can be found here: Ways to Attend Your Social Security Hearing Before a Judge.

It is very important that you submit to us or inform us about all evidence that relates to your hearing request. If your hearing request is about whether you have a disability, you must submit to us or inform us about written evidence no later than 5 business days before the hearing date.

The hearing office will mail notices and other correspondence to you at the mailing address you listed on your application. Hearing office staff may also call you at the telephone number you listed on your application. If you requested to attend your hearing by online video, we will use the email address you provided to send you instructions for attending.

It is important to report any changes in your contact information (phone number, mailing address, and email address) to the hearing office while your claim is pending. Keeping your contact information up to date will ensure you receive notices and other correspondence related to your claim.

Most of the mail the hearing office will send to you, including the Notice of Hearing and your hearing decision, will likely be sent to you using our central print process. Any documents we mail you by central print may take up to 3 business days to be placed in the mail from the date that is printed on the document.

If we send a document by central print that requires a response from you within a certain number of days, we will consider 3 business days of central print processing time when determining whether your response was timely. You can tell a document was mailed using central print if a series of small letters and numbers appears vertically on the right-hand side of the document . Below is an example of what a document sent by central print looks like. The red arrow points to the vertical text that appears on centrally printed documents.

You can send us documents by mail or fax. Sending documents to us via fax is secure and efficient. To submit documents via fax, simply use the toll-free fax number with area code “833” assigned to the hearing office handling your case. You can find the telephone and fax numbers for the hearing office handling your case at the top of each notice we send.

If you have an appointed representative, they may have different rules for submitting evidence for your hearing. You and your representative can learn more about how representatives should submit evidence here

The hearing process is very similar for all types of appeals.

If your request for a hearing is about whether you are disabled, ALJ will focus on your medical conditions and make a decision based on the evidence in your case file. The ALJ may also call witnesses to testify. For example, the ALJ may call a medical or vocational expert to testify.

If your request for a hearing is about a non-medical issue, the ALJ will focus on the reason you requested a hearing and request evidence specifically related to that issue. Examples of non-medical issues include eligibility for Social Security benefits or issues that may have caused an overpayment. Click here to learn more about SSI Overpayments

At least 75 days before your hearing, we will send you a notice telling you the date and time of your hearing. The notice will also tell you how you will appear at your hearing. If you do not need this much advance notice of your hearing, you can waive the 75-day advance written notice requirement. You can do so by completing form HA-510 (Waiver of Timely Written Notice of Hearing)and returning it to the hearing office handling your case. Waiving the 75-day advance written notice requirement may help us schedule your hearing faster. If you waive the requirement, you must still inform us about or submit evidence to us as required by our rules. For hearing requests about whether you are disabled, you must submit to us or inform us about written evidence no later than 5 business days before the hearing date.

You and your representative, if you have one, may look at the evidence in your case file and submit new evidence. Your representative will determine how best to review your case file with you in advance of your hearing. If you do not have a representative, we will attempt to contact you before your hearing to determine how you would prefer to review your case file. We can share your case file with you electronically, which can be done through your personal my Social Security account if you have one or by encrypted email. We can also provide you with a compact disc containing the evidence in your claim file. You can also review your claim file in one of our hearing offices. If you want to view your file at a hearing office before the date of your hearing, contact your local hearing office to make arrangements to do so. If you are appearing for your hearing at a hearing office, you will be given an opportunity to review your file at the office prior to the start of your hearing.

The hearing process has several steps, but there are key points in the process that can help you expedite your hearing:

• After submitting your Request for Hearing, we will send you a document titled “Notice of Ways to Attend a Hearing.” If you want to object to attending your hearing by audio using a telephone or by agency video, or you want to agree to attending via online video, be sure to promptly submit your form(s) as instructed in the notice.
• You can waive the requirement that we send you a notice of hearing at least 75 days before the hearing date by completing the HA-510 Waiver of Timely Written Notice of Hearing and returning this form to the hearing office handling your case.
• NOTE: Waiving the 75-day advance written notice requirement may help us schedule your hearing faster. However, if you waive the requirement, you must still inform us about or submit evidence to us as required by our rules. For hearing requests about whether you have a disability, you must submit to us or inform us about written evidence no later than 5 business days before the hearing date.

You are not required to have a representative, but if you wish to appoint one, we recommend you do so as early as possible. Your representative will want time to review your file and prepare for the hearing. To learn more about your right to representation, please refer to our Your Right to Representation (Publication No. 05-10075).

If you do not have a representative, we will contact you before your hearing to ensure you are prepared and understand the hearing process.

If you choose to appoint a representative, to help you when you do business with us, we will work with your representative (whether an attorney or non-attorney) just as we have with you.

Some organizations can help you find a representative or give you free legal services if you qualify. Some representatives do not charge a fee unless you receive benefits. Your local Social Security office or hearing office has a list of organizations that can help you find a representative. You can contact your local Social Security office using our field office locator. You can contact your local hearing office by using the hearing office locator.

If you need an interpreter for your hearing, please contact your local hearing office and we can provide one for you, free of charge. When you request an interpreter, please tell us what language you prefer (including American Sign Language).

When we schedule a hearing, it is very important that you attend the hearing. If for any reason you cannot attend, please contact the hearing office as soon as possible before the hearing and tell us why. We will also need you to tell us in writing why you cannot attend the hearing.

If you want us to change the time or place of your hearing, you must request this change within 30 days of receiving your notice of hearing. You must make this request no later than 5 days before the date of your hearing. We assume you received your notice of hearing 5 days after the date on the notice unless you show us that you did not get it within the 5-day period. If we mailed your notice by central print, we will consider 3 business days central print processing time when determining whether your request was timely. If you miss the deadline for requesting a change, the ALJ will decide whether you have a good reason for missing the deadline.

We assume that people with disabilities are capable of conducting business with us without an accommodation unless they request one. If you need an accommodation prior to your hearing, please contact the hearing office handling your case at the telephone number located at the top of your hearing notice.

If you are the parent or guardian of a child who is requesting a hearing, we may request the child attend the hearing. We will provide information about whether a child needs to participate in a hearing in the notice of hearing we send you.

Can I waive my right to appear at my hearing?

During the hearing, the ALJ explains the issues in your case and may question you and any witnesses you bring to the hearing. They may ask other witnesses to attend. For example, during a hearing about whether a person has a disability, the ALJ may ask, a medical expert or vocational expert to testify. You and the witnesses answer questions under oath or affirmation. The hearing is informal, but we will make an audio recording. You and your representative, if you have one, may question any witnesses who may be present at the hearing.

After the hearing, the ALJ issues a written decision based on all the evidence. The hearing office then mails a copy of the decision to you and your representative if you have one.

If you disagree with the decision of the ALJ, you may file a request for review with the Appeals Council.

If you missed your hearing, please call the hearing office right away at the phone number listed on your Notice of Hearing. If you do not have your Notice of Hearing, you can find your local hearing office phone number by visiting our hearing office locator.

Depending on the circumstances, we may mail you a notice (called a "Request to Show Cause for Failure to Appear"). The notice explains that we will provide 10 days from the date on the request (plus 5 days for mail) for you to respond before we will issue a dismissal. If we send the notice to you through our central print process, we will give you an extra 3 business days to respond before we will issue a dismissal. See the "How will the hearing office communicate with me?" section for additional information about central print.