After Disability Determination Service (DDS) reviews your case, you will get a notice from either DDS or Social Security. They can do one of three things:
- issue a “fully favorable” decision – which means you win;
- issue a “partially favorable” or “unfavorable” decision; or
- send you to a hearing with a Disability Hearing Officer (DHO). You have the right to a hearing if you were getting a benefit before. You have the right to a hearing if you were getting benefits before, and in some other situations.
Most of the time, you should get a decision or a scheduled hearing date within 90 days. Normally (unless you agree to get less time) you should get at least 20 days’ advance notice for your hearing.
If you got a written decision, go on to Step 6. If you have a hearing, read the rest of this step.
Does your case seem to be stuck?
Have you been waiting more than 90 days for a decision or a hearing in your case? Ask your local Social Security office about your case. Or contact one of Vermont’s representatives in Congress. Their staff may be able to help.
If you have a DHO hearing
Plan your witnesses and evidence
The Disability Hearing Officer (DHO) will have all the records you sent to Social Security and DDS at the beginning of your case. Any witnesses or evidence you bring to your hearing should focus on information that is new or changed since then. For example: maybe there is a friend or relative familiar with your condition that Social Security has not already heard from. Or maybe there are new test results or letters from medical providers that Social Security hasn’t seen.
The hearing is also a chance for the DHO to see and hear you and others talk about why you can’t work and why you need the benefit. Sometimes this is more effective than the information in your file.
Attend your hearing
Your hearing will usually be in person at your local Social Security office, at the DDS office, or at a videoconference site run by Social Security. If you can’t get to the office or the videoconference site, you can ask for a hearing by telephone.
Note: During the COVID-19 crisis, Social Security is scheduling many disability hearings by phone, while most of their staff are working remotely.
You can bring a support person with you. If you filled out an Appointment of Representative form, that person can help you explain yourself in the hearing.
Arrive early. When you get to the Social Security office or videoconference site, check in so they know you are there. Depending on the local office, you will either walk up to the front desk and show them your ID, or enter your information on a computer and get a number.
While you wait, ask to review your “claims folder,” which is all the information Social Security and DDS received about your appeal. This can help you be prepared for any questions the Disability Hearing Officer may have.
Remember that the DHO is not the person who denied your original disability application. They are there to review your case impartially. Do your best to answer the DHO’s questions even if they seem repetitive from when you have talked with Social Security before.
Forgot something? You can ask the DHO to “hold the record open” for up to 15 days after the hearing if there is more evidence you want to send or bring to the Social Security office.
At the end of your hearing, the DHO should give you a rough timeline of when to expect their decision in writing.
