I didn’t make it to my Social Security disability hearing – what happens next?

I have been practicing Social Security disability law for over 35 years and sometimes I come across this scenario. A disabled person has a hearing scheduled before an administrative law judge. The judge will decide whether or not the person receives disability benefits. The person misses the hearing or is late for the hearing. The judge will usually “dismiss” the person’s case. This may be the end of the road for the applicant unless the applicant has a good reason for missing the hearing. Generally, judges will not dismiss the case until the individual is more than 15 minutes late.

THE CASE OF JOHN DOE: In a recent case, Mr. John Doe was unable to make it to the courtroom due to a snow storm. His case was dismissed. We appealed and the Appeals Council reversed the judge and found the blizzard to be “good cause” for him not to appear.

THE CASE OF JANE DOE: In a more recent case, Ms. Jane Doe went to the wrong building and did not show up until 30 minutes after her scheduled hearing time. When Mrs. Jane Doe got her fired, she contacted us and we appealed. The Appeals Council, which hears the judge’s appeals, decided to send him back to the judge for a hearing on whether he had “good cause” for missing the hearing.

THE CASE OF RICHARD ROE: . Richard had his case set for a hearing six months in advance. Unfortunately, Richard was in a car accident the day before his hearing. This caused him to be hospitalized at a local hospital. he was released on the day of the hearing, but was unable to attend the hearing. he called the hearing office but they did not record his call. His case was dismissed, but when we appealed his case, the Appeals Council ruled that his hospitalization was “good cause” for him not to attend the hearing.

THE CASE OF JANE ROE: Jane had a hearing scheduled three months before her incarceration. At the time of the hearing she was in jail and was unable to attend the hearing. When she did not show up, her disability case was dismissed. Her appeal to the Appeals Council is pending.

In short, even if you do not attend the hearing, that failure is not fatal to your case as long as you can establish “good cause” for not appearing. Generally, it must be a cause beyond your control.