The waiting period between court and your ALJ hearing
If you have a pending court case and you are also pursuing Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two processes run on separate timelines. A court case does not pause your disability hearing, and your disability hearing does not depend on how your court case ends.
The time between when you request an ALJ (Administrative Law Judge) hearing and when you actually sit down with the judge typically ranges from several months to over a year. The exact wait depends on how busy the hearing office is in your area, not on any court proceedings you have going on elsewhere.
Your court case and your disability case are completely separate. The Social Security Administration does not know about your court case unless you tell them, and they will not delay your hearing to wait for a court outcome.
Key Takeaways
- The wait for an ALJ hearing is usually 6 to 18 months from the date you request it, depending on your local hearing office's backlog.
- A pending court case does not affect when Social Security schedules your disability hearing.
- You can ask the hearing office for an expedited hearing if you have a serious medical condition or financial hardship, but approval is not may provide.
- The hearing office will send you a notice with your hearing date at least 10 days before the scheduled date.
Typical wait times by hearing office location
Social Security maintains a public list of average wait times for each hearing office across the country. Some offices in less populated areas may schedule hearings within 4 to 6 months, while offices in major cities can take 18 months or longer. You can find your local hearing office's current average wait time on the Social Security website under "Office of Hearings Operations."
The wait time you see listed is an average, not a may provide. Some people get called sooner, some later. The hearing office processes requests in the order they arrive, but they also prioritize cases where someone has requested an expedited hearing and met the criteria for one.
If you want to know roughly where you stand in the queue, you can call your local hearing office and ask. They can tell you the current wait time and sometimes give you a rough estimate of when your case might be scheduled, though they cannot promise a specific date.
What "expedited hearing" means and how to request one
An expedited hearing is a request to move your case ahead in the queue. Social Security will consider expediting your hearing if you have a serious medical condition that is getting worse, if you are facing homelessness or severe financial hardship, or if you are over 75 years old.
To request an expedited hearing, you write a letter to your local hearing office explaining your situation. You will need to provide supporting evidence—medical records showing your condition is worsening, a letter from your landlord about eviction, proof of income loss, or other documentation that backs up what you are saying. A straightforward request without evidence is unlikely to be approved.
The hearing office will review your request and decide whether to grant it. If approved, you may be scheduled within weeks instead of months. If denied, your case stays in the regular queue. There is no appeal process for a denied expedited request, but you can submit a new request later if your circumstances change.
How the hearing office notifies you of your date
Once the hearing office schedules your ALJ hearing, they will send you a Notice of Hearing by mail. This notice includes the date, time, and location of your hearing, the name of the judge, and instructions for how to prepare. By law, they must send this notice at least 10 days before your hearing date.
If you do not receive the notice, or if you receive it but the date does not work for you, contact your hearing office when ready. If you miss your hearing without notifying the office beforehand, the judge may dismiss your case or hold the hearing without you present.
Some hearing offices now offer video hearings instead of in-person appearances. The notice will tell you whether your hearing will be by video, telephone, or in person. If you have a strong preference, you can request a different format when you call the office, though they may not be able to accommodate it depending on their current setup.
What happens if your court case is still pending when your hearing is scheduled
Your ALJ hearing will go forward on schedule even if your court case has not been resolved. You do not need to wait for the court to finish, and Social Security will not wait for you. The two cases are independent.
If your court case outcome might affect your disability case—for example, if you are being sued and a judgment against you could affect your income—you can mention this to the ALJ at your hearing. The ALJ may take it into account when deciding your case, but it will not delay your hearing.
If you want to postpone your ALJ hearing because of your court case, you can request a continuance. You will need to explain to the hearing office why the court case is relevant to your disability claim and why you need more time. The office will consider your request, but they are not required to grant it. Continuances are usually only approved if there is a direct connection between the court case and your ability to work or your medical condition.
Preparing for your hearing while waiting
The months between requesting your hearing and receiving your notice are the time to gather evidence and prepare. Collect all medical records from the past year, including test results, doctor's notes, and any mental health treatment records. If you see a therapist or counselor, ask them to write a statement about how your condition affects your ability to work.
Write down a timeline of your medical treatment, including the dates you saw each doctor and what they found. List all medications you take and any side effects that affect your daily life. If your condition has gotten worse since you first applied, document that with recent medical evidence.
If you have a representative—a lawyer or non-lawyer advocate—they will help you organize this evidence and prepare you for questions the judge will ask. If you do not have a representative yet, you can hire one at any point before your hearing. Many disability lawyers work on contingency, meaning they only get paid if you win.
What to do if you need to reschedule your hearing
If your hearing date arrives and you cannot attend, contact your hearing office as soon as possible. If you call before the hearing date, you can request a continuance and propose a new date. The office will try to work with you, especially if you have a legitimate reason like a medical emergency or a court appearance you cannot avoid.
If you miss your hearing without calling ahead, the judge may dismiss your case or hold the hearing without you. If that happens, you have a limited time to ask for a new hearing. The process for reopening a dismissed case is more complicated than straightforward requesting a continuance, so it is much better to call ahead if you know you cannot make it.
If you are working with a representative, they can request a continuance on your behalf. Make sure your representative knows when ready if your circumstances change and you need to reschedule.
Frequently Asked Questions
Can I find out my exact hearing date before I get the notice in the mail?
Sometimes. You can call your local hearing office and ask if your case has been scheduled. They may tell you the date over the phone, or they may tell you to wait for the official notice. It depends on the office's policy and how far in advance they schedule hearings.
Does having a lawyer speed up when I get my hearing date?
No. A lawyer cannot move you ahead in the queue or change how long the hearing office takes to schedule cases. What a lawyer can do is help you request an expedited hearing if you meet the criteria, and prepare you thoroughly so your hearing goes as smoothly as possible.
What if I move to a different state before my hearing is scheduled?
Contact your hearing office right away and tell them your new address. Your case will likely be transferred to the hearing office that covers your new location. The wait time at the new office may be different, and you may have to wait longer or shorter depending on that office's backlog.
Can I have my hearing sooner if I am running out of money?
Financial hardship is one of the reasons Social Security considers for expedited hearings, but you will need to document it. Bring proof of your current income, expenses, savings, and any debts. A letter from a social worker or nonprofit agency confirming your hardship can strengthen your request.
What happens at the hearing if my court case is mentioned?
The ALJ will listen to what you say about your court case and how it relates to your ability to work. The judge will not make a decision about your court case—that is the court's job. The ALJ only decides whether you are disabled under Social Security's rules.