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If you want to know how to cancel a disability hearing, first decide what you want to happen with your Social Security appeal. You may still want an Administrative Law Judge (ALJ) to decide your case but need a different date, place, or way to attend the hearing. Or you may want to withdraw your request for an ALJ hearing altogether.
Those actions have different consequences. Asking the Social Security Administration (SSA) to change a scheduled hearing doesn’t mean you’re withdrawing your hearing request. If you want your appeal to continue, make that clear when you contact the hearing office.
This article discusses how to cancel a disability hearing or request a needed change.
An ALJ hearing is one stage of a Social Security disability appeal. When you say you want to “cancel” a hearing, the real issue may be illness, transportation, scheduling, the way you are scheduled to appear, or another problem with the current arrangement.
This table illustrates the differences and what you need to do.
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Get EvaluationAsking to change your hearing doesn’t guarantee that the SSA will approve the request. The judge decides if you have good cause to change the time or place of a scheduled hearing. SSA rules give the ALJ some specific reasons to consider, and the judge can also consider other reasons based on the details of your situation.
If you have a serious physical or mental condition or an incapacitating injury that prevents you from attending or participating in your hearing, contact the hearing office as soon as possible. If you are too ill to contact the office yourself, a family member or your disability representative can contact the office for you to explain the situation.
Either you or they need to explain why you can’t participate. The judge will decide how to handle the hearing.
If you realize you won’t have a reliable way to get to an in-person hearing, contact the hearing office as soon as you can and explain the problem. For example, maybe your planned ride is no longer available or you don’t have a way to reach the hearing location.
The SSA may change your hearing format. The hearing office can schedule a phone or video hearing instead. If you are asking to change the time or place, the ALJ decides whether there is a good reason for the change.
If you have another conflict with the hearing date or time, like your witness can’t attend then, explain the problem. Tell the hearing office what date or time you’re requesting instead.
After you request an ALJ hearing, the SSA sends you a Notice of Ways to Attend a Hearing. It explains your hearing options and how to tell the SSA which ones you accept or object to. Your hearing can be held in person, by phone, or by video either through your own device or at an SSA office.
If you want to attend by video using your phone, tablet, or computer, you must agree to that in writing within 30 days of receiving the notice. The notice includes Form HA-56, Agreement to Appearing by Online Video. Complete and return the form if you want a video hearing, following the instructions in the notice. Your disability representative can also submit the agreement for you.
If you don’t want to attend by phone or by video, you can object in writing within 30 days after receiving the notice. If you miss the deadline, the SSA can still accept your objection if you have a good reason for being late.
If you have other questions or requests, contact the SSA hearing office.
If you hire a disability representative close to your hearing, they may need more time to review your case and prepare. If you don’t have a hearing date yet, or your hearing is still more than two months away, there’s usually enough time to prepare without asking for a postponement.
If your hearing is less than about two months away, your representative may ask the SSA to reschedule a disability hearing for a later date.
SSA rules allow the judge to consider whether you need more time to get a representative or if a newly-hired representative needs more time to prepare. A disability hearing postponement for more preparation time doesn’t guarantee that the SSA will change your hearing date. The ALJ makes that decision. In some cases, a judge will ask you to get a representative to help you with your claim.
Check your SSDI eligibility in a few minutes.
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Talk with our team about your situation. We'll walk you through what comes next.
Get EvaluationSee what documents you need. We'll help you get everything in place.
Get EvaluationNot sure what that SSA letter means? We can review it with you.
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Get EvaluationUse Form HA-85, Request to Withdraw a Hearing Request, only if you want to withdraw an ALJ hearing request and stop pursuing your disability claim. This form isn’t for requesting a hearing date change.
You can withdraw an ALJ hearing request before the hearing takes place, during the hearing, or after, as long as the SSA has not mailed the hearing decision yet.
You don’t have to use Form HA-85. You can also send the SSA a written statement asking to withdraw your hearing request or make the request verbally during the hearing.
If you use Form HA-85, you’ll provide basic information about your case, explain why you want to withdraw the hearing request, and sign the form. You’ll also confirm that you understand the consequences of withdrawing.
If you use a written request instead of the form, explain why you want to withdraw your hearing request and that you understand the consequences. Follow the hearing office’s instructions for submitting it.
The consequences of withdrawal are that your hearing-level appeal ends. The SSA dismisses your hearing request, and the last decision in your case stays in effect. The SSA sends you a dismissal notice.
If you later want the dismissal reversed, you can ask the judge to set it aside, but you need to explain why the dismissal should be reversed. Simply changing your mind isn’t enough.
You can also ask the Appeals Council to review the dismissal within 60 days after you receive the dismissal notice. If the Appeals Council sets the dismissal aside, your hearing-level appeal can continue, and your case usually goes back to an ALJ.
Advocate can support you through Social Security disability applications and appeals. We primarily specialize in Social Security Disability Insurance (SSDI) claims and also support Supplemental Security Income (SSI) and concurrent SSDI and SSI claims.
Our disability representatives can help you understand SSA notices, hearing requirements, deadlines, and next steps throughout the process. If your hearing is approaching, our team can also assess whether there is enough time to review and prepare your case or if they need to request a postponement.
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