What is a Dismissal?
A “dismissal” is when Social Security turns down your application, after you appealed it, without actually deciding whether you are disabled. This often happens if you did not go to a hearing. If your case is dismissed you must act quickly, within 60 days.
What should I do if I get a Notice of Dismissal?
- ASK THE ALJ TO RECONSIDER: Sometimes, if there has been confusion about your mailing address, the quickest way to get the dismissal fixed is to ask the ALJ in writing to cancel the dismissal and schedule a new hearing. If you are unsure how to do this come to CLS.
- APPEAL: You can also appeal to the Appeals Council if you think the dismissal is unfair.
Your dismissal letter from Social Security will explain how to do this.
There are many reasons why someone would miss a scheduled hearing:
- trouble getting to hearings because they can’t get around, have pain, memory loss, mental health issues, learning problems or
- you were hospitalized, in treatment or in jail at the time of the hearing
- the hearing notice was sent to the wrong or outdated address, and they never knew about the hearing date.
Often, when someone misses a hearing their case is dismissed. If the person does not take one of the steps above they will have no option but to start the application process again. If you missed your hearing for a good reason, or you think the dismissal if unfair, you should appeal the dismissal.
- COME TO CLS: If your SSI/SSDI case was dismissed there please contact CLS as soon as possible. You may be entitled to get a new hearing date and CLS may be able to help.