Legal amount of time to reschedule disability hearing?

[convoy71]

What is the name of your state (only U.S. law)? PA

My wife was turned down last year for SSI, (most are)...We re-applied, (got doctor to fill paper work out) after witnessing the beginning signs of crippling arthritis (she actually has two types)...Lawyer informed us this summer, we have a Sept hearing date. He had all necessary paper work, phone calls, updates for the hearing...

However, in early Sept, he writes us that another client out of state (unsure how this happened) recieved a hearing date the SAME DATE!!!! He told us, he will be or had sent a request to Hearing Judge for rescheduling. We are upset with this since we patiently waited a year for a second hearing.

He said a new hearing is rescheduling is accept by judge will be in 3 months. But this rescheduling notice as far as we know was submitted by him in early Sept. The hearing date is Sept 13!

WHAT WOULD THE MINIMUM TIME FOR A DISABILITY LAWYER to LEGALLY request a rescheduling of her hearing. Im not expert but I would think 30 days, NOT 2 WEEKS OR LESS.

We did get a confirmation letter from location of SSI for Sept 13 after the lawyer gave us a written notice in mail of his attempt to reschedule.

She has talk to lawyer on phone once, but unless the rescheduling is by phone or by mail, WE ARE STILL ATTENDING THE HEARING FOR SEPT 13. With or without lawyer and explain to judge or who ever about the situation.

However, my wife and I believe that we can win (with or without lawyer) when he sees how crippling her physical situation is.

 

[OHRoadwarrior]

The only limitation is set by local court rules. It is usually related to proper time being given for notification to the court and other parties. Basically, I believe within a week to a few days before the court appearance at latest. I have also experienced last minute continuances being granted though.

 

[Proserpina]

What is the name of your state (only U.S. law)? PA

My wife was turned down last year for SSI, (most are)..We re-applied, (got doctor to fill paper work out) after witnessing the beginning signs of crippling arthritis (she actually has two types)...Lawyer informed us this summer, we have a Sept hearing date. He had all necessary paper work, phone calls, updates for the hearing...

Hang on - she was turned down last year, right? She reapplied...and now there's a hearing already? Or did she appeal the initial decision?

However, in early Sept, he writes us that another client out of state (unsure how this happened) recieved a hearing date the SAME DATE!!!! He told us, he will be or had sent a request to Hearing Judge for rescheduling. We are upset with this since we patiently waited a year for a second hearing.

He said a new hearing is rescheduling is accept by judge will be in 3 months. But this rescheduling notice as far as we know was submitted by him in early Sept. The hearing date is Sept 13!

WHAT WOULD THE MINIMUM TIME FOR A DISABILITY LAWYER to LEGALLY request a rescheduling of her hearing. Im not expert but I would think 30 days, NOT 2 WEEKS OR LESS.

We did get a confirmation letter from location of SSI for Sept 13 after the lawyer gave us a written notice in mail of his attempt to reschedule.

She has talk to lawyer on phone once, but unless the rescheduling is by phone or by mail, WE ARE STILL ATTENDING THE HEARING FOR SEPT 13. With or without lawyer and explain to judge or who ever about the situation.

However, my wife and I believe that we can win (with or without lawyer) when he sees how crippling her physical situation is.

Please clarify the situation.


Thanks.

 

[Onderzoek]

You also stated this was an SSI claim. Are you sure it is not an SSDI claim? And do you understand the difference? They are both disability programs but one is for people who have worked enough years and the other is low income. Could be both. If it is SSI, getting a finding of disability is not enough. She would then have to submit proof of all income and resources since the initial application, including your income and resources. Might be a good idea to keep all pay stubs and bank statements in one place.

I do think it is a good idea to show up to the hearing office since she hasn't received written notice of rescheduling. I don't know for sure, but I doubt there is any 'law' about scheduling.

 

[convoy71]

You also stated this was an SSI claim. Are you sure it is not an SSDI claim? And do you understand the difference? They are both disability programs but one is for people who have worked enough years and the other is low income. Could be both. If it is SSI, getting a finding of disability is not enough. She would then have to submit proof of all income and resources since the initial application, including your income and resources. Might be a good idea to keep all pay stubs and bank statements in one place.

I do think it is a good idea to show up to the hearing office since she hasn't received written notice of rescheduling. I don't know for sure, but I doubt there is any 'law' about scheduling.

My wife said is SSI, this is the appeal hearing, which the lawyer wants to reschedule, but I think it was to soon before the confirmed date.