Do Individuals Have Appeal Rights?

A formal hearing is not a court trial but is like it in many ways. An Administrative Law Judge is in charge of a formal hearing. You, or someone you choose, will tell the judge what you think and give any evidence or information you think is important. Vocational Rehabilitation Services will also tell the judge why the decision was made. You can ask questions of anyone who speaks at the hearing and you can look at any information Vocational Rehabilitation Services gives the judge. Vocational Rehabilitation Services can ask you questions too. The judge will listen to both sides and then decide what is right or wrong. The judge's report will be sent to you usually within 30 days after the hearing.

You have 120 days after you are told about the decision to ask for a formal hearing. If you want a formal hearing, it will be held within 60 days after you ask for it unless you and the agency agree to a delay.