Denied at Reconsideration: Requesting Your ALJ Hearing

Yes, the next step after a reconsideration denial is requesting a hearing before an Administrative Law Judge (ALJ). Under 20 CFR 404.933(b)(1), your written hearing request must be filed within 60 days after the date you receive the reconsideration denial notice, so the clock starts the day that letter lands.

A second denial from the state Disability Determination Services (DDS) feels like a verdict, but in the structure of the appeal process it is only a checkpoint. Under 20 CFR 404.921, the reconsidered determination becomes binding only if you do not timely request a hearing. This article covers the hearing request path alone, because what to do instead, such as filing a brand-new application, belongs to the application stage and is a separate decision.

Why the Hearing Level Is Different

Both denials so far were decided on paper. The hearing is the first time a decision-maker looks at your case with you in the room, or on the line. Under 20 CFR 404.944, the ALJ looks fully into the issues, questions you and the other witnesses, and accepts material documents into evidence, subject to the timing rules.

The scope is broad. Under 20 CFR 404.946(a), the issues before the ALJ include all the issues from the initial and reconsidered determinations that were not decided entirely in your favor. The judge is not reviewing the examiner's reasoning the way an appellate court would. The claim gets a fresh evaluation, including any new medical evidence, and vocational or medical experts may testify about work you can still perform.

Under 20 CFR 404.936(c), SSA schedules your appearance by audio, agency video, online video, or in person, and it may schedule you by online video only if you agree. Under 404.936(d), you can object in writing within 30 days after receiving the notice that SSA may schedule you by audio or agency video.

The 60-Day Deadline and the Five-Day Presumption

Under 20 CFR 404.933(b)(1), the request must be filed within 60 days after the date you receive notice of the reconsidered determination. Under 20 CFR 404.901, SSA presumes you received the notice 5 days after the date printed on it, unless you show otherwise. Counting from the notice date, that makes roughly 65 calendar days.

If the deadline is about to pass, file something in writing anyway. Under 20 CFR 404.933(c), you may request an extension in writing, giving your reasons, and SSA will extend the time if you show good cause under 20 CFR 404.911. Good cause includes serious illness, a family death, misinformation from SSA, never receiving the notice, and physical, mental, educational, or linguistic limitations that kept you from filing on time.

What Goes in the Request

Under 20 CFR 404.933(a), your hearing request should include four things:

• The name and Social Security number of the wage earner, which is your own information for a claim on your own record.
• The reasons you disagree with the reconsidered determination.
• A statement of any additional evidence you will submit and the date you will submit it.
• The name and address of your representative, if you have appointed one.

You can satisfy this with Form HA-501-U5, Request for Hearing by Administrative Law Judge, which SSA's online forms index lists for this purpose, or through the online hearing request on SSA's appeal pages at ssa.gov. Under 404.933(b)(2), the request is filed at one of SSA's offices.

Practical Steps While the Request Is Pending

Request the hearing first, then build the record. Under 20 CFR 404.1512, submitting medical evidence that supports your claim is your responsibility, so use the wait to collect current treatment notes, imaging, specialist opinions, and statements describing your functional limits. Updated reports also matter because they can change the outcome before a hearing even happens, as described below.

If you want representation, now is the time. An attorney or qualified non-attorney representative files a Form SSA-1696 under 20 CFR 404.1707, and having one in place early means someone can track the file, respond to notices, and prepare your testimony.

What Happens After You File

Once the hearing request is docketed with SSA's Office of Hearings Operations, several things can happen. Under 20 CFR 404.941(a), SSA may send the case for a prehearing case review by the component that issued the determination. Under 404.941(b), that review is triggered by things like newly submitted evidence or an indication that more evidence is available, and the component can revise the determination, including in your favor, without waiting for the judge.

If the case moves forward, SSA will mail a notice of hearing at least 75 days before the hearing date under 20 CFR 404.938(a). The notice tells you the issues to be decided, the time and manner of appearance, and other logistics. Under 404.938(b)(6), you must make every effort to submit written evidence no later than 5 business days before the hearing.

How long all of this takes varies by hearing office workload and changes over time, so treat any specific wait-time figure you see online with caution unless it comes from SSA's own published statistics.

Keep Your Contact Information Current

Between the hearing request and the hearing itself, SSA communicates by mail at your last known address. Under 20 CFR 404.938(a), the notice of hearing goes to that address at least 75 days before the hearing date. Under 404.938(c), the notice asks you to return a form acknowledging receipt, and if you do not acknowledge it, SSA will try to contact you for an explanation and may resend by certified mail, with amended notices sent at least 20 days before the hearing under 404.938(d).

Missing those notices carries real risk. As 404.938(b)(4) requires the notice to warn, your hearing may be dismissed under 20 CFR 404.957 if neither you nor your representative appears at the scheduled hearing without good reason. Report any address change to SSA promptly and open agency mail the day it arrives.

Do Not Let the Decision Drift Into a Default

The single most common mistake after a reconsideration denial is letting the 60-day window lapse while deciding whether the hearing is worth it. Under 404.921, once the time passes without a request, the reconsidered determination is binding, and the appeal is over unless reopening or a new application becomes available. Requesting the hearing preserves every option, including later withdrawing the request or deciding not to go forward.

Frequently Asked Questions

What is the next step after an SSDI reconsideration denial? Request a hearing before an Administrative Law Judge. Under 20 CFR 404.933(b)(1), the written hearing request must be filed within 60 days after the date you receive the reconsideration denial notice.

Does a reconsideration denial mean my appeal is over? No. Under 20 CFR 404.921, the reconsidered determination is binding only if you do not timely request a hearing, so the second denial is a doorway to the hearing level rather than a final result.

What must my hearing request include? Under 20 CFR 404.933(a), it should include the wage earner's name and Social Security number, your reasons for disagreeing, a statement of additional evidence you will submit and when, and your representative's name and address if you have one.

This article provides general information about Social Security Disability Insurance rules and is not legal advice. Program regulations, hearing procedures, and timelines change over time, and all figures reflect standards applicable in 2026. Consult a qualified representative or contact the Social Security Administration directly for guidance regarding your individual claim.