When a Social Security disability claimant is denied for benefits on their initial application and again after their first appeal the next step is to request a hearing before an Administrative Law Judge (ALJ). Once a hearing is scheduled the ALJ will consider all the available evidence in a file to determine if the claimant meets the guidelines to qualify for disability benefits. Social Security assumes and expects a claimant to appear and testify at their own disability hearing, but a claimant also has the right to waive their right to appear at the hearing.
If a claimant is represented by an attorney or other representative it would be advised that the claimant appear at the hearing to provide the best chance at succeeding, but ultimately it is the claimant’s choice to decide whether they want to appear at the hearing. Most people would say that it is beneficial for the claimant to appear at their own hearing, but cases are won when a claimant does not appear. The important thing to remember is that there are specific steps a claimant must take if they do not want to attend the hearing. If they don’t take these steps and just don’t show up for their hearing the ALJ can dismiss the request for hearing, which would make the previous denials on the case stand. Below is Social Security’s description of the steps a claimant must take if they want to waive their right to appear at their own hearing.
Under our rules, you have the right to appear at a hearing. At a hearing you may present evidence, have witnesses testify on your behalf, and present your case to the ALJ. Appearing in person at a hearing may help the ALJ make a decision in your case. You may, however, ask the ALJ to decide your case on the evidence in the written record; that is, waive your right to an oral hearing. If you do not want to appear at a hearing, either in person or through a representative, you must tell us this in writing. You use this form to tell us that you do not want to appear at a hearing.
Even if you tell us you do not want to appear at a hearing, the ALJ may schedule a hearing if he or she believes that a personal appearance and testimony by you or someone else may be helpful in deciding your case.
If anyone else is a party to the hearing (someone else whose rights may be unfavorably affected by the ALJ’s decision), that person must agree to having the case decided on the written record and must provide us with a written statement to that effect.
If you change your mind and decide you want to appear at a hearing, you must tell us before we mail the ALJ’s decision to you. You will find the address and telephone number of the hearing office on the letter we sent to you acknowledging receipt of your request for hearing.
