I’ve been training Social Safety Incapacity legislation for over 35 years and I generally run into this situation. A disabled particular person has a listening to scheduled in entrance of an administrative legislation decide. The decide will resolve whether or not or not the particular person is awarded incapacity advantages. The particular person misses the listening to or exhibits up for the listening to late. The decide will usually “dismiss” the particular person’s case. This may be the top of the highway for the applicant until the applicant had a superb cause for lacking the listening to. Usually, judges is not going to dismiss the case till the person is greater than quarter-hour late.

THE CASE OF JOHN DOE: In a current case, Mr. John Doe couldn’t make it to the courtroom due to a snowstorm. His case was dismissed. We appealed and the Appeals Council reversed the decide and located the snow storm was “good trigger” for his failure to seem.

THE CASE OF JANE DOE: In a more moderen case, Ms. Jane Doe went to the unsuitable constructing and didn’t present up till half-hour after the scheduled time for the listening to. When Ms. Jane Doe bought her dismissal she contacted us and we appealed. The Appeals Council which hears appeals of decide’s determined ship it again to the decide for a listening to relating to whether or not she had “good trigger” to overlook the listening to.

THE CASE OF RICHARD ROE: . Richard had his case set for a listening to six months forward of time. Sadly, Richard had an car accident the day earlier than his listening to. This precipitated him to be hospitalized at a neighborhood hospital. he was launched the day of the listening to however he was in no form to come back to the listening to. he did name the listening to workplace however they did not register his name. His case was dismissed however after we appealed his case the Appeals Council dominated his hospitalization was “good trigger” 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 point out, her incapacity case was dismissed. Her attraction to the Appeals Council is pending.

In abstract, despite the fact that you miss the listening to, that omission shouldn’t be deadly to your case so long as you may set up “good trigger” on your failure to seem. Usually, it ought to be a trigger outdoors your management.

Source by Jerry Lutkenhaus

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