Can you reschedule an ALJ hearing more than once?

Last updated 2026-07-10

What are SSA's rules for rescheduling an ALJ hearing?

One postponement is usually routine. A second is a favor, and the judge can refuse it. That is the whole rule in two sentences.

Social Security disability hearings before an Administrative Law Judge run on the Code of Federal Regulations, 20 C.F.R. 404.936 for SSDI claimants and 20 C.F.R. 416.1436 for SSI claimants ^[1][6]. Those rules give you the right to ask for a change in the time or place of your hearing. They also attach conditions that get harder to meet with each request.

Here is the framework. SSA has to notify you of your hearing at least 75 days ahead of time ^[1]. Within 30 days of getting that notice, you can ask for a change of time or place, and that first request gets treated kindly as long as you give a reason. After the first one, SSA's internal guidance in the Hearings, Appeals and Litigation Law Manual (HALLEX) tells judges to look harder at any further request and to weigh whether another delay hurts the office's ability to move its docket ^[2].

So one postponement, asked for on time with a clear reason, is close to automatic. A second or third is not a right. The judge decides, and judges have wide room to decline.

How many times can you actually postpone an ALJ hearing?

There is no numerical cap. No rule says you get exactly two. What the regulations say is that every request after the first has to show 'good cause' ^[1][2]. In real life, hearing offices often allow one or two postponements before they dig in and push the case forward.

Nobody has clean published data on the median number of postponements granted per claimant. SSA does not release that figure. What SSA does publish is the wait time from hearing request to decision, which averaged around 14 months in fiscal year 2024, down from a peak of over 600 days in 2017 ^[3]. Judges are under real pressure to close cases, and that pressure shapes how generously they read 'good cause.'

Already used your first postponement and need another? You are not disqualified. You need a genuinely compelling reason, documented in writing, submitted as early as you can manage. A second conflict on your attorney's calendar is not going to move the needle. A new hospitalization, a death in your immediate family, or a medical emergency that keeps you from participating almost certainly will.

Think of it in tiers. The first postponement is a scheduling accommodation. The second is an exception. Anything past that is an unusual circumstance the judge weighs against the cost to an already long backlog.

What counts as good cause for rescheduling?

Good cause means something outside your control made attending or preparing genuinely impossible. A scheduling preference is not it. A hospital admission is.

HALLEX I-2-3-10 lists the factors judges use when they decide whether good cause exists for a postponement ^[2]. The main categories:

• Serious illness of the claimant, or a close family member the claimant has to care for
• A death in the claimant's immediate family
• Destruction of important documents by fire, flood, or a similar cause
• Inability to contact a representative, if one was recently appointed
• A significant error by SSA itself in the notice or the scheduling
• Unusual or unavoidable circumstances a reasonable person would agree made attendance or preparation impossible

What generally does not qualify: a conflict with a non-urgent personal event, vague statements about anxiety or stress with no medical backup, or wanting a different date. The judge looks at more than the reason. HALLEX I-2-3-10 also directs judges to weigh whether you filed on time, how many postponements you have already had, and whether another delay causes undue delay in the case ^[2].

If your reason is medical, attach a note from your treating provider that says why you cannot attend on the scheduled date. "Patient has anxiety" is weak. "Patient was admitted to the hospital on [date] and cannot travel until [date], per physician order" is strong. Specifics win.

How do you request a hearing postponement from SSA?

Call the hearing office on your notice, then follow up in writing. Every hearing notice lists the mailing address, fax number, and phone number of the office handling your case ^[1]. You can send the request by fax or mail, or start it by phone. If you have a representative, they usually handle this for you.

Your request should include:

1. Your name, Social Security number, and hearing date 2. A clear statement that you are asking for a postponement 3. The specific reason (your good cause basis) 4. Any supporting documents you can attach right then 5. Proposed alternative dates, or a general timeframe if you have one

Timing matters more than most people think. The 30-day window from the hearing notice is the clean safe zone for a first request. Requests made after that window still get looked at, but SSA can and does turn down late ones if you cannot explain the wait ^[1]. For a second or later request, send it the moment you know you have a problem. Do not sit on it until two days before the hearing.

Keep a copy of everything. Note the date and the method. If you fax it, save the confirmation page. That paper trail is what protects you if the office later says it never got your request.

What happens if SSA denies your request to reschedule?

You have three options, and none of them is clean. But not showing up is worse than all of them.

First, attend the hearing anyway and explain the hardship to the judge at the start. Judges have some room to accommodate during the hearing itself, including taking written statements afterward if your testimony got cut short.

Second, if a real emergency hits on or right before the hearing day and you truly cannot attend, call the hearing office immediately and document why. Under 20 C.F.R. 404.936(e), the judge can still find good cause existed after the fact if the situation was beyond your control ^[1].

Third, if the judge dismisses your case for failure to appear and you think that was wrong, you can appeal the dismissal to the Appeals Council. These dismissals get reviewed under an abuse-of-discretion standard, so you have to show the judge acted unreasonably, more than that you disagree ^[4].

Do not simply skip the hearing and hope. A no-show with no contact reads as abandonment. SSA dismisses the hearing request, and getting it reinstated takes real effort with no guarantee it works.

Can your representative reschedule on your behalf?

Yes. An attorney or non-attorney representative appointed through SSA has full authority to request postponements and deal with the hearing office for you ^[5]. This is how most postponement requests actually happen: the rep calls, documents the request, and follows up in writing.

One thing to watch. If you recently switched representatives or just appointed one and they need time to prepare, that is a recognized ground for a postponement, but only if the appointment really is recent. An attorney who came on six months ago asking for more prep time is going to get a cold reception.

Unrepresented and thinking about postponing partly so you can find a representative? Say so plainly in your request. SSA acknowledges that finding representation takes time, and the rules allow room for it, especially if you have been actively trying to find someone.

Does rescheduling hurt your disability case?

A postponement does not go in your file as a black mark, and it does not touch the merits of your claim. Judges are supposed to decide on medical and vocational evidence, not on how tidy your scheduling history looks ^[4].

The costs are practical, not legal. Every postponement adds months to a wait that is already long. The SSDI claimant who reaches the hearing level has usually been waiting two to three years from the initial application ^[10]. Another six to nine months is not trivial when you are living without income.

There is a subtler concern too. If delays let your medical records go stale, or your condition changes enough that your file needs updating, you may have to submit new evidence and ask the judge to hold the record open. Doable, but it adds moving parts.

And if you are near the expiration of your insured status, a postponement can matter a lot. Your 'date last insured' (DLI) is the deadline by which SSA has to find you were disabled for you to collect SSDI. Pushing a hearing past your DLI does not automatically kill your case, but it can complicate the record you have to build. Check your DLI before you request any postponement.

What if you need to reschedule because of a new medical condition or surgery?

This is one of the cleanest good-cause situations there is. A new diagnosis, a scheduled surgery, or a hospitalization near your hearing date is exactly what SSA's rules anticipate ^[1][2].

Get documentation fast: a hospital admission record, a surgery scheduling letter, or a physician statement explaining why you cannot participate on the scheduled date. Attach it to your written request.

There is an upside here beyond the scheduling fix. A serious new medical development can actually strengthen your case. If the new condition matters to your claim, it belongs in your evidence file. HALLEX I-2-6-58 covers new and material evidence submitted after a hearing is scheduled, and judges have discretion to let that evidence into the record ^[7]. A postponement caused by a medical event buys you time to get that evidence in properly.

If you are using DisabilityFiled's guided intake tool to organize your file, this is a good moment to update your medical history summary so the new information is clearly on record before the rescheduled hearing.

Can SSA or the ALJ postpone the hearing without your request?

Yes, and when they do, it costs you nothing. Judges can adjourn or postpone hearings on their own motion for plenty of reasons: scheduling conflicts at the office, technical failures during a video or phone hearing, the need to get more evidence first, or the judge's own illness ^[2][4]. An SSA-initiated postponement does not count against you.

SSA's Office of Hearings Operations (OHO) can also move cases between hearing offices, which can trigger rescheduling. Recent changes to how SSA handles medical reviews internally can ripple into scheduling at the administrative level too. See our piece on SSA's in-house medical review changes.

If SSA postpones your hearing on short notice, you are still entitled to the 75-day notice period for the new date ^[1]. If the new notice gives you less than 75 days, you can raise it as a procedural objection, though it rarely changes the outcome much.

What is the difference between postponing and waiving your right to a hearing?

These are not the same thing, and confusing them can cost you the hearing entirely. Postponing means you want the hearing, just on a different date. Waiving means you tell SSA you do not want to appear at all and want the judge to decide on the written record alone ^[9].

A waiver makes sense in narrow cases, mostly when the medical record is very strong and your attorney thinks the file speaks for itself. For most claimants, showing up matters. The judge gets to assess your credibility directly, and you or your rep can answer questions about your limitations in real time.

Do not let a postponement request read like a waiver. If SSA interprets your filing as a waiver when you meant a delay, you could accidentally give up your right to appear. Be blunt in writing: "I am requesting a postponement of the hearing. I do not waive my right to appear and testify."

How does video or phone hearing scheduling affect your options?

Since around 2020, a large share of ALJ hearings have run by phone or video instead of in person ^[3]. That shift created new postponement scenarios worth knowing.

Scheduled for a video hearing but you lack reliable internet or equipment? You can request an in-person hearing instead. SSA's rules let claimants object to appearing by video and ask for another format ^[1][8]. That switch can itself cause a rescheduling.

Phone and video hearings also get postponed for technical failures on SSA's end, dropped connections, or audio trouble. When that happens, the hearing just gets reset and it does not count against your postponement history ^[8].

If your objection to video is that you function noticeably worse in front of a screen because of a medical or psychological condition, document that with your treating provider and raise it in writing before the hearing. That is a legitimate accommodation request, not a preference.

For how hearings fit into the larger disability benefits picture, SSA's own appeals page is the authoritative starting point.

What should you do if you think you might need to reschedule your ALJ hearing?

Act early, act in writing, be specific. The most common mistake claimants make is waiting until the last minute because they hope the problem fixes itself. It often does not, and a request sent two days out is far harder to win than one sent three weeks out.

A practical checklist:

• The day your hearing notice arrives, calendar the 30-day request window
• If anything comes up that could affect your ability to attend, contact the hearing office right away
• Put every request in writing, even if you started by phone
• Attach documentation the same day you request; do not promise to send it later if you can avoid it
• If you have a representative, loop them in that same day
• Ask the office to confirm they received your request and how long a decision will take

If this is your second or later request, lead with your documentation, not your story. The judge's clerk has read hundreds of these. A physician letter or a hospital record speaks louder than a paragraph of explanation.

Understanding the whole application for Social Security disability process, including what comes before and after the hearing, shows you how much rides on this step. Missing a hearing or getting your appeal dismissed can send you back to the start of a process that already takes years.

DisabilityFiled's guided intake helps you organize your medical history and claim documentation so you are ready well before your hearing date, with less room for a last-minute scramble.

Frequently asked questions

Is there a limit on how many times you can reschedule an ALJ hearing?

The regulations set no fixed number. Every request after the first requires 'good cause' under 20 C.F.R. 404.936, and judges have discretion to deny any they find insufficient. In practice, hearing offices tolerate one postponement fairly readily. A second is harder. A third is rarely granted without a compelling, documented reason like a medical emergency or hospitalization.

How do I request a postponement of my Social Security disability hearing?

Contact the hearing office listed on your notice by phone, fax, or mail. Submit the request in writing with your name, Social Security number, hearing date, the reason, and any supporting documents. Do this within 30 days of your hearing notice if you can. Keep a copy of what you send and note the date and delivery method.

What happens if I miss my ALJ hearing without calling SSA?

The judge will likely dismiss your hearing request for failure to appear, which closes your appeal. You can try to appeal the dismissal to the Appeals Council by showing good cause for missing the hearing, but that path is uncertain. Contacting the hearing office immediately, even after the fact, gives you a better shot at reinstatement than staying silent.

Can I reschedule an ALJ hearing because I just got a new attorney?

Yes. Recently obtaining a representative is a recognized basis for postponement, especially if the appointment was genuinely recent and the attorney needs time to review your file. Say this explicitly in your request. If you retained the attorney months ago and they simply want more prep time, the judge is much less likely to grant another delay on that basis alone.

Does postponing my ALJ hearing hurt my chances of winning?

Not directly. A postponement does not go into your file as a negative factor, and judges decide on medical and vocational evidence, not scheduling history. The real risk is a longer wait and potentially stale medical records. If your date last insured (DLI) is approaching, a delay can create complications, so check your DLI before requesting more time.

Can I request a hearing by phone instead of video and will that cause a delay?

Yes. SSA rules let claimants object to a video hearing and request another format. That switch can trigger a rescheduling, but it is a legitimate accommodation, not a postponement counted against your record. If your medical condition makes video hearings significantly harder, document it with your provider and raise it in writing before the scheduled date.

How much advance notice does SSA have to give me before an ALJ hearing?

SSA must give you at least 75 days' notice before a scheduled ALJ hearing under 20 C.F.R. 404.936. If you receive less than 75 days' notice and do not waive the requirement, you can object. That 75-day window also starts the 30-day period during which you can request a postponement without needing to show extraordinary cause.

What is good cause for rescheduling an ALJ hearing?

Good cause includes serious illness of the claimant or a dependent they must care for, a death in the immediate family, destruction of key documents by disaster, inability to reach a newly appointed representative, or unusual circumstances that made attendance genuinely impossible. Vague discomfort, a scheduling preference, or a non-urgent conflict typically does not qualify. Documentation always strengthens a good-cause claim.

Can the ALJ postpone the hearing on their own?

Yes. Judges can adjourn or reschedule on their own motion for scheduling conflicts, technical failures in video hearings, the need for more evidence, or their own illness. A judge-initiated postponement does not count against the claimant and requires no good-cause showing from you. SSA still has to provide the required advance notice for the new hearing date.

Can I waive my ALJ hearing instead of rescheduling it?

Yes, but be careful. Waiving means you ask the judge to decide on the written record without a hearing, which is very different from a postponement. In most cases, appearing helps you. If you file a postponement request, state explicitly that you are not waiving your right to appear and testify, so SSA does not misread your intent.

How long will I wait if I reschedule my ALJ hearing?

Delays vary by hearing office and current backlog. In fiscal year 2024, the average time from hearing request to decision was roughly 14 months, down sharply from peak backlog years. A postponement typically adds one hearing cycle, which can mean three to six extra months depending on the office. Check SSA's Office of Hearings Operations for current processing times in your region.

What if my disability got worse and I need more time to gather new medical evidence?

A new diagnosis, surgery, or significant change in your condition is solid good-cause grounds for a postponement. Document it with medical records, a physician letter, or a hospital admission record, and attach that to your request. A new development may also strengthen your underlying claim, so the time is well spent getting that evidence submitted before the rescheduled hearing.

Can SSA dismiss my disability appeal if I ask to reschedule too many times?

SSA cannot dismiss your appeal just because you requested postponements. Dismissal happens when you fail to appear without good cause, or when you withdraw your request. But if a judge denies a postponement and you do not show up, the result is effectively a dismissal for non-appearance. That is why you need to understand the denial process before assuming your request will be granted.

Sources

1. SSA, Code of Federal Regulations, 20 C.F.R. 404.936 (SSDI hearing scheduling and postponement rules): SSA must provide 75 days advance notice of a hearing; claimants may request a change in time or place; good cause standard applies to additional requests
2. SSA, Hearings, Appeals and Litigation Law Manual (HALLEX), I-2-3-10 (Changing the Time or Place of a Scheduled Hearing): HALLEX I-2-3-10 lists the factors judges use to evaluate good cause for postponement, including illness, family death, destruction of documents, and inability to contact a representative
3. SSA, Office of Hearings Operations, hearing wait time data, fiscal year 2024: Average time from hearing request to decision was approximately 14 months as of fiscal year 2024, down from over 600 days at the peak backlog in 2017
4. SSA, Code of Federal Regulations, 20 C.F.R. 404.957 (Dismissal of a request for a hearing before an administrative law judge): A judge may dismiss a hearing request for failure to appear; dismissals are reviewable by the Appeals Council under abuse-of-discretion standard
5. SSA, Code of Federal Regulations, 20 C.F.R. 404.1705 (Who may be your representative): An appointed representative has authority to act on behalf of a claimant, including requesting postponements and communicating with SSA
6. SSA, Code of Federal Regulations, 20 C.F.R. 416.1436 (SSI hearing scheduling parallel rules): The SSI parallel regulation mirrors SSDI rules on hearing scheduling, postponement, and good cause requirements
7. SSA, HALLEX I-2-6-58 (Submission of evidence after a hearing is scheduled): Judges have discretion to accept new and material evidence submitted after a hearing is scheduled, including medical records reflecting a new diagnosis
8. SSA, Office of Hearings Operations, telephone and video hearing procedures (post-2020): Claimants may object to video hearings and request another format; technical failures during video or phone hearings result in rescheduling without counting against the claimant
9. SSA, Program Operations Manual System (POMS), DI 29005.010 (Waiver of right to appear at hearing): A claimant may waive the right to appear at a hearing and request a decision on the written record; waiver is legally distinct from a postponement request
10. SSA, Annual Statistical Report on the Social Security Disability Insurance Program, 2023: SSDI claimants who reach the hearing level have typically been in the process two to three years from initial application at current processing times