What Happened to ALJ Hearings During the 2019 Shutdown

The 2019 government shutdown lasted 35 days, from December 22, 2018, through January 25, 2019. During that time, the Social Security Administration (SSA) continued to pay benefits but stopped most other operations, including scheduling new ALJ hearings and processing cases waiting for a hearing decision.

If you had a hearing scheduled during the shutdown, SSA postponed it. If you were waiting in the queue for a hearing date, your case moved backward in line because the agency was not accepting new cases or moving existing ones forward. The backlog created by those 35 days took months to clear.

This article explains what the shutdown meant for people at different stages of the ALJ hearing process and what happened after the government reopened.

Key Takeaways

  • The 2019 shutdown postponed all ALJ hearings scheduled during the 35-day closure and froze case processing for people waiting for hearing dates.
  • People whose hearings were cancelled received new hearing dates after the shutdown ended, but the backlog meant waiting months longer than originally scheduled.
  • Cases that were already decided by an ALJ before the shutdown were not affected, and benefit payments continued throughout.
  • The shutdown added roughly 35 days to the national average ALJ hearing wait time, which was already between 400 and 500 days in most regions.

Hearings Cancelled and Rescheduled

SSA cancelled all ALJ hearings scheduled between December 22, 2018, and January 25, 2019. The agency did not hold hearings during the shutdown because ALJs and their support staff were furloughed—sent home without pay and unable to work.

When the government reopened on January 26, 2019, SSA began rescheduling the cancelled hearings. However, the agency had to work through a backlog of cases that had accumulated during the shutdown. People whose hearings were cancelled were placed back into the scheduling queue, but they did not automatically get their original hearing dates back. Instead, they received new dates based on when SSA could fit them in.

For most people, this meant waiting an additional two to four months beyond their original hearing date. The exact delay depended on your region and how many other cases were ahead of you in the queue.

Cases Waiting for Hearing Dates

If you were waiting for SSA to schedule your ALJ hearing before the shutdown began, the closure set you back. SSA did not process new cases or move cases forward in the queue during the 35 days the agency was closed.

When operations resumed, your case went back into the normal scheduling process, but the backlog meant you waited longer than you would have if the shutdown had not occurred. The national average wait time for an ALJ hearing was already between 400 and 500 days depending on your region. The shutdown added roughly 35 days to that wait for everyone in the queue.

Cases Already Decided Before the Shutdown

If an ALJ had already issued a decision on your case before December 22, 2018, the shutdown did not affect that decision. Decisions that were already written and signed remained in effect.

However, if you were waiting for a decision to be written after your hearing took place before the shutdown, the closure delayed that work. ALJs had a backlog of decisions to write when they returned, so some people waited longer than usual to receive their written decision.

Benefit Payments During the Shutdown

SSA continued to pay SSDI and SSI benefits throughout the shutdown. If you were already receiving benefits, your December payment was issued on schedule, and your January payment was also issued on schedule.

The shutdown did not interrupt benefit payments because SSA classified benefit payments as essential government functions. However, other services—like processing requests for representative payees, updating your address, or replacing a lost benefit card—were not available during the closure.

How Long the Backlog Took to Clear

SSA worked through the backlog of cancelled hearings and pending cases for several months after the shutdown ended. By mid-2019, most of the when ready backlog had been cleared, but the shutdown's effects on wait times persisted into the fall of 2019 and beyond.

The exact timeline for clearing the backlog varied by region. Areas with more ALJs and hearing offices cleared their backlog faster than rural regions with fewer resources. Some offices reported returning to normal scheduling by summer 2019, while others took longer.

What to Do If Your Hearing Was Affected

If your hearing was cancelled during the shutdown, you received a notice from SSA with your new hearing date. That notice came in the mail within a few weeks of the government reopening. If you did not receive a new hearing date notice by mid-February 2019, you could contact your local SSA field office or your representative to ask about the status of your case.

If you were waiting for a hearing date when the shutdown occurred, you did not receive a separate notice about the delay. Your case straightforward moved forward in the normal queue once SSA resumed operations. You received a hearing notice when SSA scheduled your hearing, which took longer than it would have without the shutdown.

Frequently Asked Questions

Did the 2019 shutdown affect people who already won their case?

No. If an ALJ had already issued a decision before the shutdown began, that decision was not changed or delayed. The shutdown only affected people waiting for hearings or waiting for decisions to be written after their hearing.

How much longer did people have to wait because of the shutdown?

Most people waited an additional two to four months beyond their original hearing date. The exact delay depended on your region and how many cases were ahead of you in the queue when the government reopened.

Could I have done anything to speed up my hearing after the shutdown?

No. Once your case was back in the scheduling queue, you had to wait your turn like everyone else. Requesting an expedited hearing was possible in some cases, but the shutdown itself was not grounds for expediting.

Did SSA send notices about the shutdown delay?

SSA sent new hearing date notices to people whose hearings were cancelled. People waiting for a hearing date did not receive a separate notice about the delay—they straightforward received their hearing notice when SSA scheduled them, which took longer than usual.