Users' questions

Can I cancel an appeal?

Can I cancel an appeal?

An appeal may be cancelled by the Appeals Coordinator if the time limits were exceeded and you could have submitted the appeal within the time limits. Again, it is important to follow up on improperly cancelled appeals if you want to preserve your right to bring a legal action about the original problem.

What happens if you do not attend an appeal hearing?

If you are the party who filed the appeal and do not attend, the Administrative Law Judge will decide the matter without you. If you are not the party who appealed and you do not attend, the hearing will proceed without you and you may be required to repay to the Department any benefits you have received.

When do you have to call in for an appeal?

You must call in for a telephone hearing at least 15minutes before the scheduled time of the hearing (or arrive for an in-person hearing). If you filed the appeal and you have not phoned in or are not ready to proceed when the case is called, the case may be decided without you.

How to withdraw a request for a hearing?

In most cases, you may withdraw your request for hearing in writing. Download and fill out the Withdrawal form, or write your request on paper, including your name, address and tracking number of your appeal, and send it to the Division of Appeals and Hearings by mail, fax, or email.

How long does it take to appeal a DHS Decision?

If the Initial Order is not petitioned or appealed, it becomes a Final Order within fifteen (15) days; however, please note that for some DHS programs, the Administrative Hearing Official’s decision is final and cannot be petitioned or appealed. How can I withdraw my request for hearing?

How often does SSA issue hearing and appeal decisions?

SSA issues more than half a million hearing and appeal dispositions each year. Under the Office of Hearings Operations (OHO), administrative law judges (ALJ) conduct hearings and issue decisions.

What happens if I do not go to my appeal hearing?

If you do not attend the scheduled hearing, you may lose your appeal rights and benefits. We may pay you for travel costs if the distance to the hearing from your home is more than 75 miles one way.

Who is the Appeals Council for the SSA?

Under the Office of Hearings Operations (OHO), administrative law judges (ALJ) conduct hearings and issue decisions. Within the Office of Analytics, Review, and Oversight (OARO), the Appeals Council considers appeals from hearing decisions and acts as the final level of administrative review for the agency.

How long does it take to appeal a disability cessation?

If you appeal a disability cessation and you want to keep receiving benefits until we make a determination, you must make a written request for benefit continuation within 10 days after the date you receive the written notice. You are entitled to a face-to-face hearing with a disability hearing officer.