Since the COVID-19 pandemic caused shutdowns across the country in March of 2020 Social Security has updated its procedures in processing Social Security disability claims. The days of strolling into a Social Security field office are no longer possible because most Social Security offices are allowing only limited in-office appointments for service. Because obtaining services from Social Security are more difficult now than ever Social Security has relaxed its deadlines for certain disability actions. One of the main topics related to a disability claim is the Social Security disability hearing before an Administrative Law Judge (ALJ). This is the stage of the process that ultimately determines whether most people will qualify for disability benefits, so missing a hearing or missing an appeal to request a hearing can be devastating. Earlier this month Social Security posted new updates about missing deadlines to file an appeal for a hearing and missing the hearing date. Below is an explanation from Social Security about what to do if you miss these two important deadlines.
What do I do if I miss my hearing?
If you missed your hearing time, please call the hearing office right away at the phone number listed on your Notice of Hearing. If you do not have your Notice of Hearing, you can find your local hearing office phone number by visiting our Hearing Office Locator.
We understand that the COVID-19 pandemic may create situations that constitute good cause for failing to appear at your scheduled hearing. To assist you in explaining why you have missed your hearing date during the pandemic, we will mail you a notice (called a “Request to Show Cause for Failure to Appear”). This notice will give you an opportunity to explain why you did not appear for your telephone hearing. Although the notice we use to request a showing of good cause for failure to appear (i.e., Form HA-L90) identifies a shorter timeframe for a response, we will provide 30 days from the date on the request before we will issue a dismissal, to account for potential mail delivery and processing delays.
What do I do if I have missed the deadline to file my hearing request?
We understand that the COVID-19 pandemic may create situations that constitute good cause for failing to timely file your request for hearing after receiving a prior denial on your claim. To assist you in providing an explanation for why you have missed the deadline to request a hearing during the pandemic, we will mail you a notice requesting a written explanation for the untimely filing if you have not already provided an explanation. This notice will give you an opportunity to explain why you were unable to file your hearing request on time. Although the notice we use to request a showing of good cause for untimely filing (i.e., Form HA-L61) identifies a shorter timeframe for a response, we will provide 30 days from the date on the request before we will issue a dismissal, to account for potential mail delivery and processing delays.
