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If your disability case is dismissed at the ALJ hearing stage, the Administrative Law Judge (ALJ) has made a procedural ruling about your hearing request. That’s different from an unfavorable decision, in which the judge evaluates the disability claim and decides that you don’t meet Social Security Administration (SSA) disability requirements.
Your Notice of Dismissal will explain the judge’s reasoning and the facts they used to make the decision. This article will help you understand why an ALJ hearing dismissal happens and what you can do next.
A procedural dismissal ends the hearing request because of an issue with the hearing process. For example, the request may have been filed late, you may have missed the hearing, or the hearing request may have been withdrawn.
An unfavorable decision means the judge reviewed your disability claim and decided that you don’t meet the SSA’s requirements for disability benefits. The decision explains why.
If you received a Notice of Dismissal, read the section that explains why the judge dismissed your hearing request. Then look at the dates and events the judge used to support the dismissal like you filed late, missed the hearing, or withdrew the request.
For some dismissals, the notice may also say whether the judge found good cause, which is a reasonable explanation, for you missing the hearing or filing late.
The notice will also explain whether you can ask the Appeals Council to review the dismissal or take another next step, along with the deadline to request review if one applies.
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Get EvaluationAn ALJ may issue a procedural dismissal of a hearing request for several reasons. Three common reasons are mentioned above; failing to appear, filing the hearing request late, and withdrawing the hearing request.
The judge can also dismiss your hearing request for less common reasons. For example, the SSA may have already made a decision on a prior claim involving the same facts and issues, or you may be challenging an SSA action that doesn’t give you a right to an ALJ hearing. The request can also be dismissed when the SSA changes an earlier determination and gives you a fully favorable decision, leaving nothing for the judge to decide. Additionally, a case may be dismissed because a claimant died.
Missing a scheduled hearing or arriving late can lead to a dismissal unless the judge finds that you had good cause for your absence or delay.
The judge can consider physical, mental, educational, or language barriers that affected your ability to attend. They can also consider whether the notice went to the wrong address or wasn’t received at all.
If you get a Notice of Dismissal, the judge decided you didn’t have a good reason to be late or miss the hearing.
You have 60 days after you receive the reconsideration decision to request an ALJ hearing.
If you miss that deadline, the judge can dismiss your request unless there was good cause for filing late.
If the judge finds good cause, the filing deadline is extended, and your ALJ hearing request can move forward. If the judge doesn’t find good cause, the hearing request is dismissed.
Your Notice of Dismissal will say when your hearing request was due, when it was filed, and why the judge didn’t find good cause for the delay.
You can ask to withdraw your ALJ hearing request. Before dismissing the request, the judge will make sure you understand what withdrawing means for your claim and that the withdrawal won’t affect someone else’s benefits or eligibility. If it would affect another person’s benefits, they have the right to object before the hearing is dismissed.
If you want to change or cancel a scheduled hearing without ending your Social Security disability appeal, read this article.
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Get EvaluationWhat you can do next after an ALJ hearing dismissal depends on why the judge dismissed your hearing request and what your Notice of Dismissal says. In some cases, you can ask the Appeals Council to review whether the judge had a valid reason to dismiss your request.
You may also be able to ask the judge to vacate the dismissal, which means asking the judge to undo the dismissal so the hearing can move forward. The dismissal remains in effect unless it’s vacated or the Appeals Council overturns it, allowing the hearing request to continue. Check your notice for options and deadlines.
Learn more about the Social Security disability appeal process after a claim denial.
Before you do anything, compare the Notice of Dismissal with your hearing records to make sure the dates and events match what happened.
If part of the notice is unclear, ask your disability representative to explain what it means or contact the SSA for clarification.
If you need help with your disability claim, Advocate can support you.
Our disability specialists help with Social Security Disability Insurance (SSDI) applications and appeals. We also support concurrent SSDI and Supplemental Security Income (SSI) claims.
We can help you understand notices, talk to the SSA, complete paperwork, strengthen your case, and prepare for a hearing. We can also represent you at the ALJ hearing.
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