What Is a Post-Hearing Review for Social Security Disability

After an Administrative Law Judge (ALJ) hears your Social Security disability claim, they must review the evidence and testimony before issuing a written decision. What is a post-hearing review? It’s the judge’s check of the record to decide whether the claim is ready for a written decision or needs more information first. 

As part of the ALJ post-hearing review, the judge first determines if your record has enough information for them to decide the claim. If there is enough evidence, the judge decides the claim and starts the written decision. If there isn’t enough information or something needs to be clarified, the ALJ may ask for more evidence or testimony.

This article explains what happens during the post-hearing review and what you can do while you wait.

Understanding the Post-Hearing Review

During the ALJ post-hearing review, the judge bases the decision on the evidence in the record, including testimony from the hearing and anything added afterward, so what happens next depends on the record. 

When the Record Is Complete

If the judge has what they need after reviewing the hearing record, no further evidence or testimony is required. The claim moves to the next stage, and a written decision is prepared by the judge or a decision writer.

If the ALJ Needs More Information

Depending on what the judge needs to resolve or understand better, they may request post-hearing evidence such as additional medical records, clarification of information in the file, input from a medical or vocational expert, or more testimony at another hearing. 

The claim stays open if the judge requests more evidence or testimony or if they’re waiting on evidence discussed at the hearing, like medical records. If you’re asked to submit post-hearing evidence, follow the instructions and provide the information by the deadline. 

Getting Medical or Vocational Expert Input

After the hearing, the judge may ask a medical or vocational expert questions about evidence in the claim and accept a written response. For example, they may ask a vocational expert for more input about evidence submitted after the hearing that shows different work limitations from those discussed at the hearing.

The Social Security Administration (SSA) asks the expert to respond within 10 days. Once the response is received, the judge must give you an opportunity to review those answers and respond. You can comment on the answers, submit more evidence, propose additional questions, or request a supplemental hearing to question the expert.

A Supplemental Hearing May Be Needed

The judge may schedule a supplemental hearing if new evidence needs to be discussed or if more testimony is needed before deciding the claim.

If the judge gets new evidence after the hearing from someone other than you or your disability representative and plans to add it to the record, you get to review it and ask questions about it.

In most situations, you or your representative can also request a supplemental hearing to discuss the new evidence. The judge must hold the hearing unless they’ve already decided to issue a fully favorable decision. For example, you or the judge may want a supplemental hearing after a consultative exam report is added to the record.

Once a supplemental hearing is scheduled, you should receive notice at least 20 days before the hearing unless you’ve waived that advance notice in writing. How long it will be before the next hearing depends on the schedules of everyone involved including the judge, hearing office, witnesses, you, and your representative if you have one.

Requests for more evidence, expert input, or a supplemental hearing do not indicate that your claim will be approved or denied.

What to Do During a Post-Hearing Review

You may not need to do anything after the ALJ hearing unless you get a request for information. If you’re asked to submit evidence, review new evidence, respond to a notice, or attend a supplemental hearing, follow the instructions and meet the deadline.

If you have a disability representative, they should receive copies of SSA notices and communications about your claim, but it’s best to tell them what you receive. Your representative can help you understand the request and provide what’s needed. They can also help you decide if you need to request a supplemental hearing.

Need a representative for this important appeal stage? Advocate’s disability specialists are ready to step in. We can help you strengthen your claim, gather needed evidence, and respond to SSA requests on time. We can also prepare you for hearings and represent you at them.

After the Review Is Complete

Once the judge has enough information to decide your claim, you can expect a written ALJ hearing decision that’s fully favorable, partially favorable, or unfavorable. It takes 30-90 days on average to get the decision notice.

If you disagree with a partially favorable or unfavorable decision, the notice explains how to ask the Appeals Council to review it and gives the deadline for filing your request. 

If the Appeals Council reviews the ALJ decision, it may be affirmed, modified, reversed, or remanded, which means the claim is sent back to the judge for more work.

If the decision is fully or partially favorable, the SSA sends a separate notice of award after your benefits are processed. The agency may need to resolve non-medical eligibility or payment issues before sending the notice, especially in Supplemental Security Income (SSI) claims and concurrent SSI and Social Security Disability Insurance (SSDI) claims.

The notice explains your monthly benefit, when benefits start, and the back pay amount if applicable. If you have a disability representative, they can help you understand your benefits.