The Office of the Inspector General for the Social Security Administration recently responded to inquires from Rep. Sam Johnson, (R-Texas) about why there are so many no-shows and postponements for Social Security disability hearings.
The OIG reported that in fiscal year 2016, there was a no-show rate of 9 percent. This means that 9 percent of disability claimants failed to show for their scheduled hearing before an Administrative Law Judge (ALJ). On average claimants were provided 76 days advance notice of the hearing date and now by law Social Security has to provide no less than 75 days advance notice of hearing dates under new Social Security rules that went into effect May 1, 2017.
According to the OIG’s response, a large number of these no-shows included claimants who had no legal representation. Social Security does not require a claimant to have legal representation, but many people seek one prior to a disability hearing because massive amounts of medical evidence has to be compiled and submitted prior to a hearing and few claimants know the strict rules that apply to disability cases.
Social Security has been dealing with this problem for a while know. Previously the agency instituted Pre-Hearing Conference Expansion, a pilot program where Social Security tried to explain the hearing process to unrepresented claimants to prepare them for the hearing, but that program had mixed results according to the OIG.
Social Security managers provided a few recommendations to reduce the number of no-shows including “using stronger language” in hearing notices provided to a claimant that outlines the consequences of missing a hearing and requiring claimants to decide whether they wish to have representation prior to hearing being scheduled.
The truth of the matter is there will always be a significant number of no-shows to hearings. Many people who are waiting for hearings go through extreme financial hardship, some are even homeless, and staying contact with those claimants can be difficult.
