Periodically, clients will suggest that we postpone a schedule Social Security disability hearing so that they can provide the judge with additional medical records. Usually, I hear about this if the client has surgery or some other procedure coming up after the hearing. There is logic to this approach. The new medical information would certainly explain the claimant’s situation better.
Yes Or No?
So? Should you postpone a scheduled hearing?
The answer is always No.
Rescheduling Will Result In A Long Delay
If you postpone a hearing once it is on the calendar, you have no idea when it will be rescheduled. The delay is likely going to be many months. Clients have already waited upwards to two years for a judge to hear their case. The last thing you want is more delay.
There Will Be Time To Update Your File
The better approach is to go to the hearing and tell the ALJ about the upcoming procedure. If the ALJ decides she wants to see the new medical evidence, she will give you time to get the new medical treatment. Remember that ALJs have to rule on a complete medical record. They cannot simply write off any medical information that is relevant to the claim.
You Might Win Anyway
Keep in mind, too, that the ALJ may decide she has enough information to find in your favor without the new medical records. In that case, you will have delayed for no reason at all.
There can be valid reasons to postpone a hearing. But, waiting to get new medical evidence is not one of them.
