How to request a postponement of your ALJ hearing

Last updated 2026-07-10

What is an ALJ hearing postponement and when can you request one?

An ALJ (Administrative Law Judge) hearing is the third level of the Social Security disability appeals process. By the time you get there, SSA has already denied you at the initial application stage and at reconsideration. This is your best shot. Claimants win roughly 45 to 55% of ALJ hearings, compared to about 14% at initial application ^[7]. You do not want to walk in unprepared.

A postponement (SSA also calls it a continuance or a rescheduling) means you are asking the ALJ to move the hearing to a later date. The legal authority is 20 CFR § 404.936 for SSDI and 20 CFR § 416.1436 for SSI ^[1]. Both sections say SSA will grant a postponement when you show "good cause" for needing more time.

You can ask at almost any point before the hearing begins. The further out you ask, the easier the approval. SSA's Program Operations Manual System (POMS) at DI 29005.010 describes what hearing offices expect to see in a postponement request and makes clear that last-minute requests get a harder look ^[2].

A postponement is not the same as a waiver of appearance or a request for an on-the-record decision. It simply moves the date. You still plan to appear, just later.

What counts as good cause for postponing an ALJ hearing?

Good cause means a real, documentable reason that keeps you from having a fair hearing on the scheduled date. SSA does not give you an unlimited right to delay. The regulations lay out specific factors the ALJ weighs ^[1]. The reasons that actually work fall into a few buckets.

Medical reasons are the strongest. If you are hospitalized, had recent surgery, are in active treatment that makes travel impossible, or your condition has acutely worsened, document it with a note from your treating provider. SSA takes these seriously.

Representation changes are recognized too. If your attorney withdrew, you just retained a new representative who needs time to review the file, or you finally decided to get a lawyer after going it alone, that is good cause. SSA wants you represented because it tends to move the case along.

Missing medical records or outstanding evidence is another accepted reason. If you already asked a hospital or treating doctor for records and they haven't arrived, cite that. The key is showing you made the request and are waiting on someone else, not that you forgot to gather evidence.

Personal hardship covers a death in the immediate family, a natural disaster hitting your home, severe weather that makes travel dangerous, or a childcare or eldercare emergency with no backup. Make it real and document it when you can.

Scheduling conflicts with your attorney, especially another hearing or court date that same day, are routinely accepted. Get it in writing from your attorney and submit it with the request.

What is not good cause: general anxiety about the hearing, wanting more time to "think about it," disagreeing with how SSA is handling your claim, or simply forgetting to prepare. Those won't fly.

How do you actually submit the postponement request?

Put it in writing. A phone call alone is not enough and leaves no paper trail. Here is the step-by-step.

First, identify the hearing office. Your hearing notice lists the name, address, fax number, and sometimes an email for your Office of Hearings Operations (OHO) hearing office. That is who you contact, not a general SSA number.

Second, write a short, clear letter. It does not need formal legal language. Include your full name, your Social Security number, your case or claim number (on your hearing notice), the date and time of the scheduled hearing, and the specific reason you are requesting a postponement. Say what you need to have in place before you can proceed, and give a realistic estimate of how much extra time you need.

Third, attach documentation. Medical reason? Attach a doctor's note or hospital paperwork. Missing record? Attach a copy of your records request. Attorney conflict? Attach a signed statement from them. Documentation turns a request into a strong request.

Fourth, submit by fax or certified mail, and keep proof. Fax is fastest. Print the confirmation page. If you mail it, use USPS certified mail with return receipt. If the office accepts submissions through SSA's Electronic Records Express (ERE) system and your representative is set up on it, that works too.

Fifth, follow up by phone within two to three business days to confirm receipt. Ask for the name of the person you spoke with and write it down.

Timing matters. SSA's regulations say to request a postponement as soon as you know you need one ^[1]. The POMS guidance is explicit that requests made fewer than five business days before the hearing are considered late and need a stronger showing of good cause ^[2].

How far in advance do you need to request the postponement?

There is no hard statutory deadline saying "ask X days in advance," but the practical threshold is clear from POMS DI 29005.010 and hearing office practice ^[2]. The earlier, the safer.

Requests made 30 or more days before the hearing are almost always granted without much scrutiny, assuming the reason is real.

Requests made 10 to 29 days out are routinely granted for the reasons above, though the office may follow up to confirm details.

Requests made fewer than 5 business days before the hearing count as last-minute. The ALJ can still grant them, but the good cause showing needs to be more compelling, and you may need to call the office directly on top of the written request.

Requests made the day of the hearing, or walking into the hearing room and asking on the spot, are the hardest to get granted. The ALJ will generally proceed unless the reason is genuinely urgent (you just came from the emergency room, say) and documented. Even then, the ALJ might hold the hearing, note your situation on the record, and leave the record open for more evidence rather than fully postponing.

One thing. If you get your hearing notice and know right away the date doesn't work, do not sit on it. The notice itself tells you to contact the hearing office immediately if you need a different date.

What happens if you miss the hearing without requesting a postponement?

This is where it gets serious. If you do not show up and you did not request a postponement in advance, the ALJ can dismiss your hearing request entirely ^[3]. A dismissal is not a denial on the merits. It means SSA treats the case as if you abandoned the appeal.

If that happens, you have to show good cause for not appearing, and you have to do it fast. SSA's regulations at 20 CFR § 404.957 give you the right to file a motion to vacate the dismissal, but you must act within 60 days of the dismissal notice and show your failure to appear was for good cause ^[3].

A dismissal is recoverable in theory. In practice it is a bad spot. You lose months of waiting time, you may have to restart part of the appeals process, and you are now at the mercy of whether the ALJ and the Appeals Council believe your excuse.

Here is the takeaway. A written postponement request, even a short one faxed the day before, beats not showing up every single time.

Can your attorney or representative request the postponement for you?

Yes, and usually that is the better route. If you have a representative (an attorney or a non-attorney representative), they are authorized to act on your behalf in all hearing matters, including requesting continuances ^[4]. Your representative typically knows the specific office's habits, whether the ALJ grants requests freely or pushes back, and how to phrase the request to improve the odds.

If you do not yet have a representative and that is why you are asking for a postponement, say so plainly in your request. Hearing offices see this constantly and treat getting representation as a legitimate reason for delay. Keep contacting representatives while you wait, because most SSDI/SSI attorneys work on contingency (no fee unless you win) and the fee is capped by law at the lesser of 25% of your back pay or $7,200 (as of 2024, indexed periodically by SSA) ^[10].

If you're still early and organizing paperwork, DisabilityFiled's guided intake can help you pull together a usable claim summary before your hearing, so a new representative can get up to speed faster.

One thing to avoid. Don't assume your attorney filed the request without confirming it. Call or email the office and get written confirmation that the request went in and the hearing office acknowledged it.

How many times can you postpone an ALJ hearing?

The regulations set no hard numerical limit, but SSA is not going to move your hearing forever. Each request is judged on its own merits, and the ALJ has broad discretion to deny a second or third request even after granting the first.

In practice, most claimants with legitimate, changing circumstances (ongoing treatment, a new hospitalization, a new attorney who just filed an appearance) can get a second postponement. A third is unusual and needs a genuinely compelling reason.

There is systemic pressure at play. SSA has worked to cut the average hearing wait, which has historically run 12 to 24 months or more depending on the office ^[6]. ALJs and their staff are pushed to move cases, and serial postponements get noticed.

If you keep needing postponements, ask whether there's a structural problem. Maybe you need representative help. Maybe the missing evidence needs to be chased harder. Maybe you should ask SSA to leave the record open for a limited window after the hearing instead of delaying the hearing itself.

What should your postponement request letter actually say?

Here is a plain-language template you can adapt. Keep it short. The ALJ's staff reads a lot of these.

---

[Date]

[Your Name] [Your Address] SSN: [XXX-XX-XXXX] Claim/Case Number: [from your hearing notice]

Office of Hearings Operations [Hearing Office Name and Address]

Re: Request to Postpone Hearing Scheduled for [Date] at [Time]

I am writing to request a postponement of my ALJ hearing scheduled for [date and time]. I am the claimant in this matter.

The reason for this request is [state your specific reason plainly, for example: "I was admitted to [Hospital Name] on [date] for [condition] and my treating physician has advised that I am not medically able to travel or attend a hearing until approximately [date]." Or: "My attorney, [Name], was retained on [date] and requires additional time to review my file and obtain outstanding medical records from [Provider Name], which were requested on [date] but have not yet been received."]

I am requesting that the hearing be rescheduled to a date on or after [date], or at the Court's earliest available date after that time.

Attached: [list your supporting documents]

Thank you for your consideration.

Sincerely, [Your Signature] [Your Printed Name] [Your Phone Number]

---

That's it. No legal jargon needed. Specificity and documentation do the work.

What if SSA denies your postponement request?

It happens, especially for late requests. A denial is not the end. You still have moves.

First, call the hearing office and ask to speak with a supervisor or the ALJ's assistant. Explain the situation again. Sometimes a denial just means the initial request was unclear or missing documentation, and a follow-up call with more information fixes it.

Second, if the denial is firm and you genuinely cannot attend, you can still appear and state your objection on the record at the start of the proceeding. The ALJ will note it, and if you are later denied, that objection is preserved for appeal to the Appeals Council.

Third, if you believe the ALJ abused their discretion in denying a legitimate request, that can be a grounds for appeal to the Appeals Council after a final decision. It's not a slam-dunk, but documented, good-faith postponement requests that were improperly denied have been considered by the Appeals Council and by federal district courts on further review.

Fourth, if your situation is a genuine emergency (you are currently hospitalized, for instance), get a statement from the hospital or treating physician and have someone fax it to the office the morning of the hearing. Even ALJs who denied the pre-hearing request will often agree to a short continuance when faced with a same-day hospitalization document.

Knowing the full social security disability appeals structure helps here, because knowing what comes after the ALJ (the Appeals Council, then federal district court) shapes how carefully you document every step.

Does postponing your hearing affect your back pay?

Yes, and it's worth understanding how. If SSA approves your claim, your back pay runs from your established onset date (EOD) to the date of the award, minus a five-month waiting period for SSDI ^[5]. Every month the hearing is delayed is a month you are not getting paid. But once approved, you receive back pay for all those months.

So a two-month postponement does not forfeit two months of back pay. You will still be owed those months if you win. The trade-off is you wait longer to receive the lump sum.

There is one scenario where postponement can shrink your potential award. If a postponement pushes the hearing past a date relevant to your SSDI insured status. SSDI requires you to have worked enough to be "insured," and your date last insured (DLI) is the deadline by which your disability must have begun ^[5]. If your DLI is December 31, 2024, and you keep postponing into 2026, SSA still evaluates whether you were disabled before your DLI, but the case gets harder to make as time passes. Check your DLI on your Social Security statement at ssa.gov before requesting multiple postponements.

For SSI there is no insured status requirement, so the DLI issue does not apply. But SSI payments are not retroactive to before the month of application, so delays in processing don't add to your back pay the same way ^[5].

You can see how approval amounts break down in the social security disability benefits pay chart for current figures.

How long will it take to get a new hearing date after a postponement?

This varies a lot by hearing office, and it's one of the honest downsides of postponing. The national average wait for an ALJ hearing, from request to hearing, has ranged from about 12 months to over 24 months depending on the year and the office ^[6]. When you postpone, you go back into the scheduling queue.

In offices with heavy backlogs, a postponement can mean another six to twelve months for a new date. In lighter-volume offices, you might get rescheduled within a few weeks.

Ask the office directly when you call to follow up: "Approximately how long will it take to get a new hearing date?" They usually have a reasonable estimate. That's useful for deciding whether to postpone or push through with what you have.

SSA has been working to reduce backlogs, including changes to how medical reviews are handled. The social security is bringing all medical disability reviews in-house shift is one example of the agency trying to speed up processing, which could move rescheduling timelines at some offices.

For how payments flow once a decision finally lands, the social security disability benefits payment schedule explains the timeline from approval to first check.

What else should you do while waiting for your rescheduled hearing?

A postponement is not free time. Use it.

Get or update medical records. Request updated records from every treating provider, covering the period since your last submission. ALJs want current evidence showing your condition has not improved. Gaps in treatment hurt claims.

Fix whatever caused the postponement. Postponed because you didn't have a representative? Get one. Postponed because records were missing? Follow up hard with the provider. Don't let the same problem exist at the rescheduled hearing.

Review your file. You have the right to review your complete hearing file before the hearing. Request it from the office. Look for missing records, incorrect information, and any consultative examination reports SSA arranged on its own. Those CE reports are sometimes incomplete or clash with your treating doctors' findings, and you want to know that before the ALJ does.

Prepare your testimony. Think through what an ALJ typically asks: what is your daily routine, what can you lift, how long can you sit or stand, what medications do you take and what are the side effects. Your answers need to line up with your medical records and your function report.

If you haven't organized your claim documents yet, DisabilityFiled's guided intake tool can help you build a clear claim summary that you and your representative can use as a foundation going into the hearing.

Find out who the vocational expert is and what the medical expert is expected to say, if SSA scheduled experts. Your representative can pull this through the office. Knowing it ahead of time lets you prepare to challenge unfavorable testimony.

And keep SSA updated on any address change. A rescheduling notice sent to an old address means you miss the new hearing date, and that is a problem you do not want.

Frequently asked questions

Can I request an ALJ hearing postponement by phone?

A phone call alone is not enough. You must submit a written request, typically by fax or certified mail to your hearing office. Some offices also accept submissions through SSA's Electronic Records Express system if your representative is set up on it. Always call to confirm receipt after faxing, but the written request is the record that matters.

How do I find the fax number for my ALJ hearing office?

Your hearing notice includes full contact information for your specific Office of Hearings Operations (OHO) hearing office, including the fax number. You can also find hearing office contact information through SSA's hearing office locator at ssa.gov. Use the office named on your hearing notice, not a general SSA 800 number.

Will requesting a postponement hurt my disability case?

One well-documented postponement for a legitimate reason does not hurt your case. ALJs understand that circumstances change. What can hurt you is repeatedly postponing without good reason, failing to use the extra time productively, or letting your medical records go stale between postponements. Document your reason, get your evidence in order, and show up prepared to the rescheduled hearing.

What if I need to postpone because I can't afford to get to the hearing?

Transportation hardship alone is generally not good cause for postponement, but you have alternatives. You can request to appear by telephone or video conference, which SSA has expanded significantly since 2020. Ask the hearing office about remote appearance options. If remote appearance isn't available, explain the transportation situation in writing and ask whether the office can provide any accommodations.

Can I request a video or phone hearing instead of postponing in person?

Yes. SSA allows claimants to request telephone hearings or video hearings as an alternative to in-person appearances. This is governed by 20 CFR § 404.936(c). If your postponement need is really about travel difficulty, health issues, or logistics rather than needing more time, a remote hearing may solve the problem without delaying your case at all. Submit that request to the hearing office in writing.

My lawyer just withdrew from my case. How do I get a postponement to find new representation?

Send a written request to the hearing office immediately, explaining that your previous representative withdrew on a specific date and you are actively seeking new representation. This is recognized as good cause under POMS guidance. Include the date of withdrawal if you have documentation. Most hearing offices will grant a reasonable postponement, typically 30 to 60 days, in this situation. Line up a new representative as fast as you can.

What happens to my back pay if I postpone my ALJ hearing?

Postponing does not eliminate your back pay entitlement. If SSA approves your claim, back pay is calculated from your established onset date through the award date, minus the five-month SSDI waiting period. The extra waiting time from a postponement becomes part of the back pay period. The one risk is if postponements push past your SSDI date last insured, so check your DLI before agreeing to lengthy delays.

Can the ALJ postpone the hearing on SSA's side, not mine?

Yes. ALJs sometimes postpone hearings themselves to obtain additional medical evidence, to schedule a vocational or medical expert, or because of administrative scheduling issues. If SSA postpones your hearing, you receive written notice with the new date. You do not need to do anything except confirm the new date works and notify your representative. SSA-initiated postponements do not count against any limit on your own requests.

Is there a form I need to fill out to request an ALJ postponement?

There is no required SSA form for a postponement request. A written letter with your name, Social Security number, claim number, scheduled hearing date, reason for the request, and supporting documentation is sufficient. Some hearing offices have a local cover sheet they prefer, which they will tell you about when you call, but the plain-letter approach is universally accepted.

How long after missing an ALJ hearing do I have to explain my absence?

If you miss a hearing and the ALJ dismisses your case, you have 60 days from the date of the dismissal notice to file a motion to vacate the dismissal, under 20 CFR § 404.957. You must show good cause for not appearing. Act immediately if this happens. The 60-day window is strict, and missing it may mean losing the right to continue the appeal at the ALJ level.

Do I need to tell my doctor if I postpone my hearing?

Not necessarily, but if your doctor's records or a statement from your doctor were central to the hearing date, it's good practice to keep your treatment team informed. More practically, use the extra time to get updated treatment notes covering recent visits. Updated records showing ongoing limitations are among the most useful things you can bring to a rescheduled hearing.

What if my postponement request is denied and I physically cannot attend?

If you genuinely cannot attend (for example, you are hospitalized), have someone fax urgent documentation to the hearing office the morning of the hearing. A letter or note from a hospital on letterhead stating you are currently admitted is hard to ignore. If you do appear but are physically struggling, state your condition on the record at the start of the hearing. The ALJ has discretion to shorten the session or adjourn. Document everything.

Can I waive my right to appear at the ALJ hearing instead of postponing?

Yes. Under 20 CFR § 404.948, you can waive your right to appear and ask the ALJ to decide based on the written record. This is called an on-the-record (OTR) request or a decision without a hearing. It is different from postponing. Waiving appearance is sometimes strategically useful, but most representatives advise against it unless the written record is overwhelmingly strong, because appearing gives you the chance to testify and rebut vocational expert testimony.

Sources

1. Social Security Administration, 20 CFR § 404.936 (SSDI) and 20 CFR § 416.1436 (SSI) - Scheduling and appearances at hearings: SSA will grant a postponement request when the claimant shows good cause; both SSDI and SSI regulations authorize ALJ continuances.
2. SSA Program Operations Manual System (POMS), DI 29005.010 - Scheduling Hearings: POMS DI 29005.010 describes what hearing offices expect in a postponement request and notes that last-minute requests require a stronger showing of good cause.
3. Social Security Administration, 20 CFR § 404.957 - Dismissal of a request for a hearing: If a claimant fails to appear without good cause, the ALJ may dismiss the hearing request; the claimant then has 60 days to file a motion to vacate the dismissal.
4. Social Security Administration, 20 CFR § 404.1710 - Authority of representatives: An appointed representative is authorized to act on the claimant's behalf in all hearing matters, including requesting postponements.
5. Social Security Administration, Understanding Supplemental Security Income and Social Security Disability Insurance: SSDI back pay is subject to a five-month waiting period; SSDI requires insured status with a date last insured; SSI payments are not retroactive to before the month of application.
6. Social Security Administration Office of the Inspector General, Audit Report: The Social Security Administration's Hearing Backlog: National average wait time for an ALJ hearing has historically ranged from approximately 12 to over 24 months depending on the hearing office and year.
7. Social Security Administration, SSA Hearings and Appeals Data: Claimants win approximately 45-55% of ALJ hearings, compared to approximately 14% at the initial application stage.
8. Social Security Administration, 20 CFR § 404.948 - Deciding a case without an oral hearing: A claimant may waive the right to appear at the ALJ hearing and request a decision on the written record under 20 CFR § 404.948.
9. Social Security Administration, 20 CFR § 404.936(c) - Telephone and video hearings: SSA regulations permit claimants to request telephone or video hearings as an alternative to in-person appearances.
10. Social Security Administration, Fee Agreement Process for Representatives: Attorney fees for SSDI/SSI representation are capped at the lesser of 25% of past-due benefits or $7,200 (as of 2024, indexed periodically by SSA).