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Hearing by an Administrative Law Judge (ALJ)

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

2007. Hearing by an Administrative Law Judge (ALJ)

2007.1 When can a claimant request a hearing before an ALJ?

A hearing before an ALJ may be requested if:

  1. You disagree with the reconsidered determination;

  2. You show in writing that your rights may be adversely affected by the decision; or

  3. We have made a reconsidered determination or another type of determination that provides the right to a hearing before an ALJ. These are listed in SSA's regulations.

2007.2 When must the request be made?

You must make a request for a hearing in writing within 60 days after you receive the notice of the determination. (See §2000, §2001, and §2015.)

2007.3 What are the procedures at the hearing?

At the hearing you may:

  1. Appear in person or by video teleconference;

  2. Testify under oath or affirmation;

  3. Submit new evidence;

  4. Examine the evidence used in making the determination under review; and

  5. Present and question witnesses. (See §2011.)

2007.4 What happens if a claimant waives the right to an oral hearing?

If you waive the right to an oral hearing, the ALJ will ordinarily make a decision based on the evidence already submitted and any additional evidence that you or any other party presented.

2007.5 What is the basis for the ALJ's decision?

The ALJ makes a decision on the basis of:

  1. The evidence already submitted;

  2. Any additional evidence you present;

  3. Evidence that is otherwise obtained; and

  4. Any testimony given at the hearing.

Last Revised: Aug. 6, 2007

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There are 6 Comments

I had my appeal hearing on sept.22009, It is now sept.21 and I have not herd nothing back there should be a notice to determine how long you have to wait for the decision.

My daughter's father recieves ssi and he has just been sentenced to 20 yrs in prison. My question is can his ssi be sent to his daughter for the child support and back child support that he owe's.

This may be possible, but I think unlikely in the case of SSI benefits. Contact your local Social Security office for details.

In general, prisoners may not receive Social Security benefits. However, the spouse or children of a prisoner can be paid benefits on the prisoner's record if they are eligible.

Meantime, these reference may be helpful :

http://www.ssa.gov/pubs/10133.html

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_fa...

I was found fully favorable. and it says "A determination to appoint a representative payee to manage payments in the claimant's interest is recommended." Now my question is does this mean that i am court ordered to have a payee?

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