I Missed My Social Safety Incapacity Listening to – What Occurs Subsequent?
I’ve practiced social safety incapacity legislation for over 35 years and I generally run into this situation. An individual with a incapacity has a scheduled listening to earlier than an administrative legislation choose. The choose will resolve whether or not or not the individual receives incapacity advantages. The individual misses the listening to or reveals up late. The choose will usually “dismiss” the individual’s case. This can be the tip of the highway for the claimant, except they’ve a superb cause to overlook the listening to. Typically, judges is not going to dismiss the case till the person is greater than quarter-hour late.
THE CASE OF JOHN DOE: In a latest case, Mr. John Doe was unable to make it to the courtroom as a consequence of a snowstorm. His case has been closed. We appealed and the Appeals Board overturned the choose’s choice and concluded that the snowstorm was “good trigger” for his failure to look.
THE CASE OF JANE DOE: In a more moderen case, Ms. Jane Doe went to the fallacious constructing and didn’t present up till half-hour after the scheduled listening to time. When Ms. Jane Doe obtained her redundancy, she contacted us and we appealed. The Appeals Board which hears the choose’s appeals determined to ship him again to the choose for a listening to to find out if she had a ‘good cause’ for lacking the listening to.
THE CASE OF RICHARD ROE: . Richard had his case ready for a listening to six months upfront. Sadly, Richard had a automobile accident the day earlier than his listening to. This triggered him to be hospitalized at an area hospital. he was launched on the day of the listening to however he was in no situation to look for the listening to. he known as the listening to desk however they didn’t document his name. His case was thrown out, however after we appealed his case, the Appeals Board dominated that his hospitalization was a ‘good cause’ for him to overlook the listening to.
THE CASE OF JANE ROE: Jane had a listening to scheduled three months earlier than her incarceration. On the time of the listening to, she was in jail and couldn’t attend the listening to. When she failed to indicate up, her incapacity case was dismissed. His enchantment to the Appeals Board is pending.
In abstract, even for those who miss the listening to, this omission is just not deadly to your case so long as you may set up “simply trigger” to your failure to look. Typically, it must be a trigger past your management.
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