The Levels of ODAR and SSA Hearings and Appeals

The Social Security Disability Insurance and the Supplemental Security Income are benefit programs both administered by the Social Security Administration. According to the records of SSA, a higher percentage of SSD and SSI initial applications are often rejected. The reason behind this is because most of the first-time applicants don’t know the proper process and qualifications of the program.

If your SSD or SSI benefits application was rejected on initial claim, it is advisable to file an appeal to the SSA instead of filing a new claim, which many of the rejected claimants often do. The SSA has the Office of Disability Adjudication and Review, or ODAR, which oversees the hearings and claims made to the SSA.

Administrative Law Judges (ALJs) conduct the hearings and issue the decision, while the Appeals Council reviews the decision and performs the final administrative evaluation.

Just like applying for SSD or SSI benefits, there is also a proper process for ODAR and SSA hearings and appeals. There are four levels of appeal to follow.

• Reconsideration – The first step is getting someone who was not a part of the previous decision for the claim to review it. Previous and new evidence must be submitted for review.

• Hearing – The hearing will follow if you disagree with the decision made after the reconsideration. It will be administered by an ALJ who did not have a part in the original decision and reconsideration. More evidence and information are welcome during the hearing and any witnesses you bring will be questioned. If you don’t wish to be at the hearing, submit a written letter stating the reasons why you can’t make it. The ALJ will approve it, only if it is okay for the claimant to miss it. But it is important for the claimant to be at the hearing on time. The decision of the hearing will be sent to you.

• Appeals Council – If you are not satisfied with the decision on the hearing, the SSA’s Appeal Council will make a review of your claim again. The Appeals Council may deny a request for review if they deem that the hearing’s decision was right. Otherwise, they will decide on it or return it to ALJ for further review. Whatever their decision may be, expect a letter from the SSA regarding your appeal.

• Federal Court – You may file a lawsuit in a federal court if the Appeals Council’s decision was not right in your opinion or if they decide not to review your case.