It can take months to get your SSDI hearing scheduled after submitting your disability application. According to data from the Social Security Administration (SSA), the average wait time is about 9 months, though it’s entirely possible to wait more than a year for a hearing date. Unfortunately, some circumstances may cause your SSDI hearing to be postponed or canceled. Some of these situations may be out of your control, or you might even be the one who ultimately needs your hearing rescheduled. There are ways to handle postponements so they are not held against you, which helps prevent benefits delays substantially.
Common Reasons Claimants Submit Requests to Reschedule SSDI Hearings
As mentioned, the SSA sometimes has quite an ongoing backlog of hearings. They have no interest in delaying hearing proceedings any further. However, there are valid instances where claimants are unable to attend their hearing in person or virtually. These include scenarios where:
- The claimant (or their representative) has a severe physical or mental condition that makes travel impossible
- The claimant (or their representative) has a death occur in the family
- The claimant (or their representative) is unable to travel due to severe weather conditions
- The claimant was unable to secure representation and needs additional time to find an attorney
- The claimant procured representation within 30 days of the scheduled hearing and their attorney requires more time to prepare properly
- The claimant’s representative has an existing obligation in court or at another hearing on the scheduled hearing date
- A testifying witness is unable to attend the scheduled hearing and evidence pertaining to the hearing cannot be obtained otherwise
- The claimant does not have readily available transportation
- The claimant encounters technical difficulties during their hearing
What Happens If You Have a Valid Claim to Reschedule Your Hearing?
Claimants with valid excuses should request to change their hearing as soon as possible. The administrative law judge (ALJ) assigned to the claimant’s hearing will review the request and determine if the request is valid. If a good cause exists, the hearing will be rescheduled. The SSA will also make every effort to hold the rescheduled hearing sooner rather than later. The ALJ usually will ask claimants to sign a waiver so the SSA is not required to give you the standard 75-day notice period before the hearing can be scheduled. Occasionally, a delayed hearing is rushed a couple of weeks if the judge is available and finds an opening in their docket. However, it’s more likely it will take between one to two months for the rescheduled hearing to take place.
What If You Don’t Have a Valid Reason to Move Your SSDI Hearing?
If you do not have a good reason for rescheduling your hearing, the SSA could outright decide to deny you benefits. This could happen even if you meet the federal definition of disability. No matter what the circumstances are, you should always let your local Office of Hearing Operations (OHO) know as soon as possible that you’ll need to reschedule your hearing. The SSA is more likely to appreciate honesty, especially if you don’t wait until the last minute to request rescheduling, and may be more accommodating. If you need help preparing for an SSDI hearing, it’s a good idea to work with an attorney. Contact Jeffrey Freedman Attorneys today to learn more or to schedule a consultation.