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Social Security Disability FAQs

What happens at an ALJ hearing for Social Security Disability?

Quick Answer
An Administrative Law Judge (ALJ) hearing is a formal but non-adversarial proceeding where the judge reviews your disability claim de novo. Hearings typically last 45–75 minutes. A Vocational Expert (VE) almost always testifies. You have the right to be represented under 20 C.F.R. §404.950. Approval rates at the hearing level average around 55% nationally.
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What you need to know

If SSA denied your claim at the initial and reconsideration levels, you can request a hearing before an Administrative Law Judge (ALJ). This is one of the most important stages of the disability process — and where having an attorney makes the biggest statistical difference.

Before the hearing: SSA will send you a Notice of Hearing at least 75 days in advance. You or your attorney must submit all medical evidence at least 5 business days before the hearing or explain why it could not be submitted earlier (20 C.F.R. §404.935). Late evidence can be excluded.

At the hearing:

  • The ALJ will ask you about your medical conditions, daily activities, work history, and limitations.
  • A Vocational Expert (VE) will testify about whether jobs exist in the national economy that someone with your limitations can perform.
  • Your attorney can cross-examine the VE and challenge hypothetical questions that understate your limitations.
  • Medical experts are sometimes called but are not present in every case.

After the hearing: The ALJ typically issues a written decision within 3–6 months. If denied, you can appeal to the Appeals Council and then to federal district court.

ALJ hearings in New York City and Long Island can take 18–24 months to schedule. Filing quickly and keeping your evidence current matters. Our team prepares every client thoroughly before their hearing day.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

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  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Emily
    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

    Full bio & credentials →

  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Lauren
    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

    Full bio & credentials →

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