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How to Request a Hearing Continuance to Seek Legal Representation

Pamela Flores Gonzaga • September 3, 2024

Navigating the Social Security Disability process can be overwhelming, especially when facing an upcoming hearing without legal representation. If you find yourself in this situation, you may need to request a continuance, or a postponement of the hearing, to allow time to get a lawyer. Here's how to go about it:



Understanding the Importance of Legal Representation

Before diving into the process, it’s essential to understand why securing legal representation is crucial for your Social Security Disability case:



  • Expertise in the Law: An experienced Social Security Disability lawyer understands the legal nuances and can effectively present your case to an administrative law judge. 
  • Maximizing your Chances: Statistics show that claimants with legal representation are more likely to receive a favorable outcome.


When to Request a Continuance

If your hearing is scheduled and you need more time to find an attorney, it’s important to act quickly. You should request a continuance as soon as possible to avoid the hearing taking place without proper legal representation.



Steps to Request a Continuance

  1. Prepare Your Written Request:
  2. Your request should be made in writing and addressed to the Administrative Law Judge (ALJ) assigned to your case.
  3. Clearly state that you are requesting a continuance to obtain legal representation.
  4. Explain the Reason:
  5. In your letter, explain why you need more time. Explain your efforts to find an attorney and difficulties you’ve encountered if any.
  6. Include Relevant Details:
  7. Be sure to include your case number, the date of the scheduled hearing, and your contact information in your request.
  8. Submit Your Request:
  9. Submit your written request as soon as possible. If you have already contacted an attorney who has agreed to represent you but needs more time to prepare, include this information as well.
  10. Follow Up:
  11. After submitting the request, follow up with the Social Security hearing office to confirm receipt and check the status of your request. If you do not receive a response prior to the hearing, you must attend the hearing but can request a continuance at that time. 
  12. Prepare for Both Outcomes:
  13. Be prepared for the possibility that your request may be denied. If it is, continue your efforts to prepare for your hearing.


What to Do If the Continuance is Denied

If your request for a continuance is denied, and you are unable to secure an attorney before your hearing, you still have options:

  • Attend the Hearing: It’s crucial to attend the hearing, even if you don’t have legal representation. Missing your hearing can result in your case being dismissed. Remember that while it’s best to request a continuance prior to the hearing, you can also do it the day of your hearing.


Conclusion

If you find yourself facing an upcoming Social Security Disability hearing without legal representation, requesting a continuance is a necessary step. By taking action quickly and following the proper steps, you can ensure that you have the time you need to find a lawyer who can effectively advocate for you.

For more information or to discuss your specific case, feel free to contact our office. We are here to help you navigate the complexities of the Social Security Disability process and ensure your rights are protected.


[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]


Administrative Law Judge [Name]
Office of Disability Adjudication and Review
[Address of the Hearing Office]
[City, State, ZIP Code]


Re: Request for Continuance
Claimant: [Your Name]
SSN: [Your Social Security Number]
Hearing Date: [Scheduled Hearing Date]


Dear Judge [Last Name],

I am writing to respectfully request a continuance of my Social Security Disability hearing, which is currently scheduled for [scheduled hearing date]. I am requesting this postponement to allow me additional time to secure legal representation.



Due to [briefly explain any reasons, e.g., difficulty finding an attorney or recent decision to seek legal representation], I have not yet been able to obtain an attorney to represent me in this matter. I believe that having legal counsel will significantly improve my ability to present my case effectively and ensure that all relevant evidence is properly submitted and considered.


I have already begun the process of contacting potential attorneys and expect to have representation secured shortly. However, additional time is necessary to finalize these arrangements.


For these reasons, I respectfully ask that the hearing be continued to a later date to allow me sufficient time to obtain legal representation.

Thank you for your consideration of this request.

Sincerely,


[Your Signature]
[Your Name]


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