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Social Security Disability Hearings in New York

Helping disability claimants since 1996. Attorney Eitan Dagan has spent 30 years helping people through Social Security Disability claims.

A Social Security Disability hearing is your chance to explain your case to an Administrative Law Judge after your claim is denied at reconsideration, and you must ask for it within 60 days after you receive that decision.

Reviewed by Eitan Dagan, attorney, on October 27, 2026.

Call 516-310-9160 to talk about your hearing. No fee unless you win. You will not be charged for case expenses if we do not win your case.

Before the hearing

  • Ask for the hearing within 60 days after you receive the reconsideration decision.
  • Watch for a notice about the ways you can attend, and answer it on time.
  • Social Security will send your hearing notice at least 75 days before the date.
  • Send in your medical evidence, or tell Social Security about it, no later than 5 business days before the hearing.
  • Keep your address and phone number up to date with the hearing office.

What happens at the hearing

The judge explains the issues in your case and asks you questions. The judge may also ask a medical witness or a job witness (Social Security calls this a “vocational expert”) to testify. You and your representative may question the witnesses. The hearing is informal, but it is recorded, and you answer under oath. After the hearing, the judge sends a written decision by mail.

Lawyer or non-attorney advocate?

You do not have to have a representative. Both attorneys and approved non-attorney representatives can represent you, and Social Security must approve their fees. A lawyer can also take your case to federal court if needed.

How we prepare you

  • We review your full file and fill gaps in your medical records.
  • We write a legal brief for the judge.
  • We go over the questions the judge may ask and walk you through what to expect.
  • We question any witnesses at the hearing.
  • In downstate New York, we can send a driver to pick up your paperwork.

If the judge denies your claim, you can ask the Appeals Council to review it. See Denied? How to appeal.

Frequently asked questions

How do I ask for a hearing?

You must ask within 60 days after you receive the reconsideration decision. You or your representative can ask online, by mail, or through your local Social Security office.

How will I know when my hearing is?

Social Security will send you a notice at least 75 days before your hearing with the date, time and how you will attend.

Can I have my hearing by phone or video?

Social Security offers different ways to attend, which can include in person, by phone, or by video. After you ask for a hearing, they will send you a notice that explains your choices.

When is my medical evidence due?

For a disability hearing, you must send in your written evidence, or tell Social Security about it, no later than 5 business days before the hearing.

Who will be at the hearing?

The judge, you, your representative, and sometimes a medical or vocational witness that the judge calls. The hearing is informal, but it is recorded and you answer under oath.

Do I need a lawyer for my hearing, or can I use a non-attorney advocate?

You do not have to have a representative. Both attorneys and non-attorney representatives can represent you at a hearing, and Social Security must approve their fees. A lawyer can also take your case to federal court if needed.

Can I get an interpreter?

Yes. Social Security provides interpreters for hearings free of charge. Tell the hearing office which language you need.

How much does a Social Security Disability lawyer cost?

No fee unless you win. You will not be charged for case expenses if we do not win your case. If you win, the fee comes from your past-due benefits under the standard Social Security fee agreement, and the Social Security Administration sets and approves the fee. Under that agreement the fee is 25% of your past-due benefits, up to $9,200.

Contact Law Offices of Eitan Dagan, P.C.

Law Offices of Eitan Dagan, P.C.
Main office: 86-52 Woodhaven Blvd, Woodhaven, NY 11421
Melville office: 200 Broadhollow Rd, Suite 207, Melville, NY 11747
Phone: 516-310-9160
Email: daganadmin@edaganlaw.com
Hours: Monday to Friday, 9 AM to 5 PM
Se habla español.

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