Social Security Disability Insurance Hearing
You may have been waiting for months or even years for your Social Security Disability Insurance hearing with an Administrative Law Judge (ALJ). However, unforeseen circumstances might arise on the day of the hearing, such as a family emergency, transportation issues, or an unexpected hospitalization. What steps should you take, and what are the consequences of failing to attend the hearing?
First and foremost, if you have legal representation, contact your attorney immediately and explain your situation. If you do not have a lawyer, contact the Office of Disability Adjudication and Review (ODAR) and inform them of your absence before the hearing starts.
So, what happens if you do not show up? According to HALLEX, there must be a valid reason for failing to appear. The term “good cause” refers to a reasonable explanation for not complying with the requirement to attend. When assessing whether a good cause exists for a failure to appear, an ALJ must consider the specific circumstances of each case. This includes evaluating any physical, mental, educational, or linguistic limitations that may have prevented the claimant from attending the hearing at the scheduled time and location, similar to the criteria for consideration of good cause for late filing in 20 CFR 404.911 and 416.1411 and Social Security Ruling 91-5p.
If you don’t show up to your Social Security hearing, it can lead to negative consequences. Here’s what could happen:
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Dismissal of the Case
The most likely outcome is that your case will be dismissed. The ALJ may conclude that you are no longer interested in pursuing your claim or that you have abandoned the process. For more details, refer to I-2-4-25 regarding dismissal due to a claimant’s failure to appear.20 CFR 404.911 and 416.1411 and Social Security Ruling 91-5p.
Delay in Benefits
If your case is dismissed because you did not attend, you may have to restart the process from scratch. This can significantly delay the approval of your benefits and prolong the wait for a decision.
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Opportunity to Reschedule:
In some instances, if you missed the hearing for a valid reason (e.g., illness or an emergency), you can request a reschedule. However, it is crucial to inform Social Security of your situation as soon as possible and provide any necessary documentation.
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No Show After Postponement:
If you have already had one chance to reschedule and miss again, it is less likely that the judge will grant another reschedule. This could lead to the final dismissal of your case.
To avoid these consequences, it is essential to attend your hearing or make necessary arrangements if something unavoidable arises. If you know you cannot attend for a valid reason, inform the Social Security Administration as soon as possible and request a reschedule.
Contact Our Social Security Disability Law Firm
If you’re facing the challenges of securing Social Security Disability benefits and need to prove you cannot engage in gainful activity, don’t navigate this journey alone. Reach out to Marc Whitehead & Associates today.
Our dedicated team of Social Security Disability lawyers has extensive experience in the disability application process and will give your case the personalized attention it needs.
Let us help you understand your rights, build a strong initial claim or appeal, and fight for the benefits you deserve. Call now or fill out the online contact form to schedule your initial consultation.
Call or text 800-562-9830 or complete a Free Case Evaluation form
