If your first appeal, the Request for Reconsideration is denied by Social Security, then you will need to file another appeal. This appeal is called the Request for Hearing. This appeal is your formal written request for a hearing before an Administrative Law Judge (“ALJ”). You can file this appeal online at Social Security’s website or you can get the paper form from your local Social Security office. Be sure to file it within 60 days of the date of your Reconsideration decision. As part of the appeal you will need to complete another 3441.
You will also need to tell Social Security if you want to appear at the hearing or if you want to have the ALJ decide your case based on the evidence in the record. It is almost always best for you to appear and testify at a hearing. Up until now your case has been decided only on the record and you have been denied twice. At a hearing you will get to tell the ALJ why you believe you are disabled and unable to work.
If you have not already hired an attorney this is the best time to do so. The wait for a hearing is over 12 months and during this time an attorney can help you prepare the best evidence for your hearing. If you would like to discuss your case with our office please use the form to the right or call us at 888-966-6566.