TN 40 (09-22)
Do You Disagree With the Decision?
How The Hearing Process Works
It Is Important To Go To The Hearing
If You Disagree With The Decisions
If You Ask For A Reconsideration And A Hearing
ALS023 Appeals Language – Powell Decision
If you do not agree with this decision, you have the right to appeal. We will review
(1) case and look at any new facts you have. A person who did not make the first decision
will decide (2) case. We will review the parts of the decision that you think are wrong and correct
any mistakes. We will make a decision that may or may not be in (3) favor.
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You have 60 days to ask for an appeal.
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The 60 days start the day after you receive this letter. We assume you received this
letter 5 days after the date on it unless you show us that you did not receive it
within the 5-day period.
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You must have a good reason for waiting more than 60 days to ask for an appeal.
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You must ask for an appeal in writing. Please use our “Request for
Reconsideration” form, SSA-561-U2. You may go to our website at (4) to locate the form. You can also contact us to request the form, or if you need help
filling out the form.
Fill-ins:
(1) “your”/name, possessive
(2) “your”/“his”/“her”
(3) “your”/“his”/“her”
ALS040 Appeals Language – Administrative Law Judge
If you disagree with our decision, you have the right to request a hearing. A person
who has not seen (1) case before will look at it. That person is an Administrative Law Judge. The Administrative
Law Judge will review our decisions and look at any new facts you have.
ALS041 Appeals Language – Res Judicata
If there are no new facts, the judge may find that the application presents the same
issues as the prior application and dismiss the hearings request.
ALS042 Hearing Appeals Period
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You have 60 days to ask for a hearing.
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The 60 days start the day after you receive this letter. We assume you received this
letter 5 days after the date on it unless you show us that you did not receive it
within the 5-day period.
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You must have a good reason for waiting more than 60 days to ask for a hearing.
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You must ask for a hearing in writing. Please use our “Request for Hearing” form, HA-501, available at (1) online. You can also contact us to request the form or if you need help filling it
out.
Please read the enclosed pamphlet, “Your Right to an Administrative Law Judge Hearing
and Appeals Council Review of Your Social Security Case.” It contains more information about the hearing.
Fill-in:
(1) www.ssa.gov/forms/
ALS043 Appeals Language – Hearings Request – Living in Foreign Country
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You have 60 days to ask for a hearing.
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The 60 days start the day after you receive this letter.
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You must have a good reason if you wait more than 60 days to ask for a hearing.
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You can only have a hearing in the United States. You would have to pay any costs
for traveling to the United States for the hearing. If you cannot come to the hearing,
the ALJ will review your case plus any new information you send us. We will send you
a letter about the ALJ's decision.
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You have to ask for a hearing in writing. Contact us if you want help.
ALS046 Reconsideration Hearing for Domestic and Foreign Appeals Cases
This action results from reconsideration of your claim and replaces our previous determination.
If you think we are wrong, you have the right to request a hearing. At the hearing,
a person who has not seen your case before will look at it. That person is an Administrative
Law Judge. In the rest of our letter, we will call this person an ALJ. The ALJ will
review those parts of the decision which you believe are wrong. The ALJ will look
at any new facts you have and correct any mistakes. The ALJ may also review those
parts which you believe are correct and may make them unfavorable or less favorable
to you.
ALS047 ALJ Level; Supersedes Previous Determination; Domestic and Foreign
We previously informed you of your appeal rights concerning the Administrative Law
Judge's (ALJ) decision. We also informed you of what you must do to have that decision
reviewed.
If you believe that we decided any other part of (1) case incorrectly, you may request reconsideration on that part of (2) case.
Fill-ins:
(1) “your”/“his”/“her”
(2) “your”/“his”/“her”
ALS048 Domestic ALJ Cases; If ALS047 and SCC Present
If you do not agree with this decision, you have the right to appeal. We will review
(1) case and look at any new facts you have. A person who did not make the first decision
will decide (2) case. We may also review the parts of the decision that you think are right. We will
make a decision that may or may not be in (3) favor.
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You have 60 days to ask for an appeal.
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The 60 days start the day after you receive this letter. We assume you received this
letter 5 days after the date on it unless you show us that you did not receive it
within the 5-day period.
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You must have a good reason for waiting more than 60 days to ask for an appeal.
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You can file your appeal online. Alternatively, you can file an appeal in writing.
Please use our “Request for Review of Hearing Decision/Order” form, HA-520-U5, available at (4) online.
Fill-ins:
(1) “your”/name, possessive
(2) “your”/“his”/“her”
(3) “your”/“his”/“her”
(4) www.ssa.gov/forms/
ALS049 Foreign ALJ Cases; If ALS047 and Consul Code Present
If you want this reconsideration, you must request it no later than 60 days from the
date you receive this notice. We assume you got this letter 5 days after the date
on it unless you show us that you did not get it within the 5-day period. Please contact
us if you would like to request a reconsideration, and have this letter with you,
it will help us answer your questions more quickly.
If additional evidence is available, you should submit it with your request.
Please be sure to include your Social Security claim number if you do write us.
ALS054 Importance of going to the Hearing
It is very important that you go to the hearing. If for any reason you can't go, contact
the ALJ as soon as possible before the hearing and explain why. The ALJ will reschedule
the hearing if you have a good reason.
If you don't go to the hearing and don't have a good reason for not going, the ALJ
may dismiss your request for a hearing.
ALS061 Hearing Level Cases - With or Without ALJ involvement
This action supersedes our previous determination and is in accordance with the decision
on your hearing request. You have already been notified of your appeal rights regarding
the decision made on your hearing request and what you must do to have that decision
reexamined. If you want this reconsideration, you may request it through any Social
Security office. If additional evidence is available, you should submit it with your
request. We will review the case and consider any new facts you have. A person who
did not make the first decision will decide (1) case. We will correct any mistakes. We will review those parts of the decision which
you believe are wrong and will look at any new facts you have. We may also review
those parts which you believe are correct and may make them unfavorable or less favorable
to (2) .
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You have 60 days to ask for an appeal.
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•
The 60 days start the day after you get this letter. We assume you got this letter
5 days after the date on it unless you show us that you did not get it within the
5-day period.
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You must have a good reason for waiting more than 60 days to ask for an appeal.
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You have to ask for an appeal in writing. We will ask you to sign a Form SSA-561-U2,
called “Request for Reconsideration”. Contact one of our offices if you want help.
Please read the enclosed pamphlet, “Your Right to Question the Decision Made on Your
Social Security Claim”. It contains more information about the appeal.
Fill-ins:
(1) “your”/name, possessive
(2) “you”/“her”/“him”
ALS070 English Translation for Spanish Cover Letter – Awards – Domestic/Foreign Address
If you do not agree with the decision, you may ask to have your case reviewed. But
you must request this reconsideration from any Social Security office within 60 days
from the date that you receive this notice. You can submit any additional evidence
or information you feel would be helpful.
ALS072 English Translation for Spanish Cover Letter – Affirmation of Denial on Reconsideration
– Domestic/Foreign Address
If you do not agree with this final decision, you can ask that your claim be reviewed
by an Administrative Law Judge of the Office of Hearings Operations. But you must
go to any Social Security office to request the review within 60 days from the date
you receive this notice.
The enclosed pamphlet explains your right to appeal.
If you disagree with the decisions, you have the right to appeal. A person who did
not make the first decision will decide your case. We will review those parts of the
decisions you disagree with and will look at any new facts you have. We may also review
those parts of the case that you believe are correct and may make them unfavorable
or less favorable to you.
ALS073 English Translation for Spanish Cover Letter – Affirmation of Denial on Reconsideration
– Mexico Address
If you do not agree with this final decision, you can ask that your case be reviewed
by an Administrative Law Judge of the Office of Hearings Operations. But you must
request this review from any Social Security office within 60 days from the date you
receive this notice.
If you disagree with the non-medical decisions we made on your case, the appeal is
called a reconsideration. Some examples of non-medical decisions are the amount of
your payment, and the month your payment starts. You will not meet with the person
who decides your case.
If you disagree with the disability (medical) decision made by the state, the appeal
is called a hearing. Some examples of medical decisions are the date your disability
started or whether you are still disabled.
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You have 60 days to ask for an appeal.
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The 60 days start the day after you receive this letter. We assume you received this
letter 5 days after the date on it unless you show us that you did not receive it
within the 5-day period.
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You must have a good reason for waiting more than 60 days to ask for an appeal.
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You can file your appeal online. Alternatively, you can file an appeal in writing.
Please use our “Request for Reconsideration” form SSA-561-U2, or “Request for
Hearing” form HA-501, available at (1) online.
Fill-in:
(1) www.ssa.gov/forms/
If you ask for both a reconsideration and a hearing, we will process the hearing first,
even if you made the reconsideration request first. When we make our decisions, we
will send you letters explaining our decisions on both the reconsideration and the
hearing.
After we send your case for a hearing, an Administrative Law Judge (ALJ) will mail
you a letter at least 20 days before the hearing to tell you its date, time and place.
The letter will explain the law in your case and tell you what has to be decided.
Since the ALJ will review all the facts in your case, it is important that you give
us any new facts as soon as you can.
The hearing is your chance to tell the ALJ why you disagree with the decisions in
your case. You can give the ALJ new evidence and bring people to testify for you.
The ALJ also can require people to bring important papers to your hearing and give
facts about your case. You can question these people at your hearing.
ALSR01 Hearings Level Decision by Someone Other Than an ALJ
We previously informed you of your appeal rights concerning the Administrative Law
Judge's (ALJ) decision. We also informed you of what you must do to have that decision
reviewed.
If you believe that we decided any other part of (1) case incorrectly, you may request reconsideration on that part of (2) case. We will review (3) case and look at any new facts you have. A person who did not make the first decision
will decide (4) case. We will review the parts of the decision that you think are wrong and correct
any mistakes. We may also review the parts of our decision that you think are right.
We will make a decision that may or may not be in (5) favor.
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•
You have 60 days to ask for an appeal.
-
•
The 60 days start the day after you receive this letter. We assume you received this
letter 5 days after the date on it unless you show us that you did not receive it
within the 5-day period.
-
•
You must have a good reason for waiting more than 60 days to ask for an appeal.
-
•
You must ask for an appeal in writing. Please use our “Request for
Reconsideration” form, SSA-561-U2, available at (6) online. You can also contact us to request the form or if you need help filling it
out.
Fill-ins:
(1) “your”/“his”/“her”
(2) “your”/“his”/“her”
(3) “your”/name, possessive
(4) “your”/“his”/“her”
(5) “your”/“his”/“her”
(6) www.ssa.gov/forms/