The Importance of Your Lawyer’s Attendance

A Social Security Disability hearing is your opportunity to present your case in front of a judge, and having a lawyer present can significantly improve your chances of success. Your Social Security Disability lawyer is responsible for:

• Representing you: Your lawyer will present evidence, question witnesses, and make legal arguments on your behalf.
• Guiding you: They will ensure you understand the hearing process and will help you prepare to testify.
• Advocating for your claim: A lawyer is well-versed in the specific legal criteria the judge will use to assess your disability claim and will argue your case accordingly.

What Happens if Your Lawyer Misses the Hearing?

If your lawyer is unable to attend the Social Security Disability hearing, several things may happen. The outcome will largely depend on the circumstances of your lawyer’s absence, the judge’s policies, and your situation. Here are some potential outcomes:

Postponement or Rescheduling

• Requesting a postponement: If your lawyer cannot attend the hearing due to illness, emergency, or other unavoidable circumstances, they may request a postponement or rescheduling of the hearing. In most cases, the ALJ may grant this request if your lawyer has a valid reason for being absent.
• Allowable reasons: Common reasons for postponing include your lawyer’s medical emergency, scheduling conflicts, or unforeseen personal events.

If the judge approves the rescheduling request, the hearing will be moved to a later date, and your lawyer will be able to represent you at that time.

Proceeding Without Your Lawyer

• Self-representation: If the ALJ does not approve the postponement or rescheduling, the hearing will likely proceed without your lawyer. While it’s not ideal to go to the hearing without legal representation, it’s still possible to represent yourself (also known as "pro se").
• The risks of self-representation: Without a lawyer, you may struggle to present your case effectively. You will be responsible for presenting medical evidence, answering the judge’s questions, and addressing any legal aspects of your claim. The risk of a denial increases significantly without professional representation.

Will the Judge Allow You to Have Another Lawyer?

If your lawyer is unavailable, you may be allowed to hire another attorney or have one appear on your behalf. In most cases, you can request a new lawyer, but the process of finding one and getting them to attend the hearing might take some time. It’s important to know that:

• Hiring a new lawyer: If you choose to hire a new lawyer, they will need time to review your case and prepare for the hearing. Depending on how far along the process is, it may be difficult to find a new attorney who can immediately take over.
• Rescheduling the hearing: The ALJ may allow time for you to find new representation, but this will depend on the specific judge’s policies and the circumstances surrounding the lawyer’s absence.

What If Your Lawyer Misses the Hearing Without Notice?

If your lawyer misses your hearing without giving proper notice to the ALJ or you, the situation becomes more complicated. You may need to:

• Contact your lawyer immediately: If you don’t already know why your lawyer isn’t at the hearing, try reaching out to them or their office to understand what happened.
• Request a new hearing: If your lawyer failed to show up without informing you in advance, and no rescheduling or postponement is possible, you can request a new hearing date. This request will depend on the specifics of your case and the ALJ’s discretion.

The Impact of Missing a Hearing

Missing a Social Security Disability hearing with or without a lawyer can be serious:

• Case dismissed: If you do not attend your hearing without a valid reason, the SSA may dismiss your case, and you’ll have to start the process over.
• Possible denial: Even if you attend the hearing without your lawyer, a lack of legal representation could result in your claim being denied, especially if you’re unable to present a strong case on your own.