Social Security is not quite going back to its old practices entirely, but its recent decision to scrap the decision to suspend issuing dismissals for untimely requests for disability hearings and for claimants that do not appear for their hearing, due to the COVID-19 pandemic, is a move toward the agency’s regular operating procedures.
This decision went into effect March 8, 2021. Now Social Security may dismiss requests for hearings in these matters. This shows much less sympathy as people continue to try to operate in challenging times of a pandemic.
The following is from an article published by the White Mountain Independent describing how SSA will now operate.
The Social Security Administration has lifted the temporary suspension of issuing dismissals for untimely filed hearing requests and for failure to appear at a scheduled hearing.
That temporary suspension was implemented in October. Effective March 8, absent a showing of good cause, they will resume issuing dismissals in cases involving an untimely filed hearing request, or when neither the claimant nor the appointed representative, if any, appeared at a scheduled hearing.
Before issuing a dismissal, however, they will take additional steps to confirm that they are complying with established notice procedures including conducting quality reviews for these specific dismissals.
If they mail a notice of hearing at least 75 days before the date set for the hearing, but do not receive the acknowledgement form at least 30 days before the hearing, they will attempt to contact the claimant or appointed representative for an explanation.
Similarly, if they mail an amended notice of hearing or notice of supplemental hearing at least 20 days before the hearing date, but do not receive the acknowledgement form at least 10 days before the hearing, they will attempt to contact the claimant or appointed representative for an explanation.
They will attempt to contact the claimant or representative either by; Sending a written Reminder to Return Acknowledgment Form or; Attempt to contact the claimant or representative by telephone at least twice on number(s) listed in the file; confirming his/her plans to attend the hearing.
