During the process of a Social Security disability case there are many deadlines a claimant will need to be aware of. There are deadlines to complete paperwork, there are deadlines to request ongoing payments and most importantly there are deadlines to file appeals. Missing a deadline can lead to a claim being dropped and a claimant having to file a new application for benefits, which can impact eligibility for benefits so taking these deadlines is very important.
Sometimes deadlines are difficult to meet no matter the circumstances, but during a global pandemic, which we have been facing for the last year due to COVID-19, it can make meeting deadlines even more difficult. Considering that most Social Security offices remain closed to the public due to the pandemic the agency has set new policies regarding the failure to file a hearing request on time and the failure to appear at a hearing. Below are the guidelines Social Security has set to deal with these matters. When deadlines are missed “good cause” is needed in order for Social Security to change a dismissal for a request for hearing. The specifics a claimant must follow are below as directed by issued policies from Social Security.
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.
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.
