SSA temporarily suspending dismissals for untimely hearing requests and failure to appear
Chief Administrative Law Judge Patrick Nagle of the Social Security Administration’s Office of Hearings Operations (OHO) https://www.ssa.gov/appeals/about_us.html is temporarily suspending dismissals for untimely hearing requests and failure to appear due to Covid-19 according to the National Association of Social Security Representatives www.nadr.org Pre-Covid-19 cases could be dismissed by Administrative Law Judges (ALJs) at OHO if the claimant did not file a request for hearing within 60 days of a reconsideration denial from Georgia Vocational Rehabilitation Agency, Disability Adjudication Services. https://www.ssa.gov/OP_Home/hallex/I-02/I-2-0-40.html#
Because claimants may be displaced during Covid-19, the ability to get their mail or to get to the post office to file a hearing appeal may be compromised. For example, the Law Offices of Kathleen M Flynn, LLC www.kathleenflynnlaw.com has worked with the homeless, who receive their mail at churches or shelters and cannot get there. Also, the social security district offices, ie field offices, https://www.ssa.gov/locator are not open to drop off request for hearing appeals nor are district offices open for unrepresented claimants to have SSA employees assist with filing hearing appeals.
As far as failure to be available for a phone hearing, the claimant would have to consent to this beforehand. If the attorney consents on behalf of the client and makes the phone appearance, the case cannot be dismissed, although a notice to show cause may be sent to the last known address of the claimant asking why the phone hearing was missed. https://www.ssa.gov/OP_Home/hallex/I-02/I-2-4-25.html#: Chief Judge Nagle told Nadr representatives that they will schedule a hearing if good cause has been established for untimely hearing requests or failure to appear for a social security disability hearing.
The Law Offices of Kathleen M Flynn, LLC assists adults and children with physical and mental disabilities including but not limited to the homeless, veterans, and the severely mentally ill. www.kathleenflynnlaw.com
Our disability staff and lawyers file applications for SSI, SSDI, Widow’s/Widower’s applications, requests for reconsideration, requests for hearing, requests review of unfavorable ALJ decisions with Appeals Council briefs. We are also filing cases in US District Court. #socialsecurity #ssdi #ssi #disability #disabilities #socialsecuritydisability #widow #widower #disability lawyer #disability attorney #ssiattorneys #ssilawyers #dib #childssi #childdac #childdevelopment #children