How to Avoid Video Teleconferencing Hearings.
Effective June 25, 2014, the Social Security Administration
has implemented new Video Teleconferencing rules regarding the scheduling of
hearings before Administrative Law Judges (ALJs).
The hearings office, the Office of Disability Adjudication
and Review, will assign claimants to hearings by Video Teleconferencing to
allow Social Security “to administer our programs more efficiently.”
In most cases, claimants
must object to a Video Teleconferencing hearing as opposed to an in-person
hearing within 30 days after receiving a notice of a scheduled Video
Teleconferencing hearing. Social
Security requires “good cause” to be established to allow objection to a
scheduled Video Teleconferencing after the 30 day period expires or if the
claimant has had a change of residential address.
Timely objections to a scheduled Video Teleconferencing
hearings will allow the claimant to have an in-person hearing with one
exception—that being, if the claimant moves to a different residence while his
hearing is pending. The rule states:
“If we receive a timely objection, or we find there was good
cause for missing the deadline, we will schedule the claimant for an in person
hearing, with one limited exception. If
a claimant moves to a different residence while his or her request for a
hearing is pending, we will determine whether the claimant will appear in
person or by video teleconferencing, even if the claimant previously objected
to appearing by video teleconferencing.”
(Emphasis added.)
Why you should avoid Video Teleconferencing Hearings.
Except for claimants who would have to travel a long
distance or whose medical condition makes an in-person hearing burdensome, most
claimants would do better at an in-person hearing than a video hearing.
1. Social Security
controls the video.
2. The ALJ controls
how the video is made: how much of the time and how closely the video camera is focused on the
claimant, on the witnesses, on the representative and on the ALJ.
3. Social Security is
not likely to use professional quality video cameras or lighting equipment or
experienced videographers. Most likely,
a “web camera” will be operated by a “hearing monitor” or by a Social Security employee
and will use available light in an ALJ hearing room.
4. In ordinary
communication, it is helpful for people to observe and listen to the people
with whom they are communicating during the entire time they are communicating with each other.
5. Exceptional video
quality is required to capture subtle facial expressions, shifts in eyes, body
language and gestures to give people clues as to how one party is receiving or
sending communication to the other.
6. In-person meetings
allow the claimants to see whether the ALJ is paying attention or scrolling on
his computer or shuffling papers.
7. A Video
Teleconferencing hearing may inhibit claimants from freely discussing sensitive
and emotional issues.
8. A Video
Teleconferencing hearing is a first meeting for the claimant and ALJ – they
ordinarily have never met before and cannot draw on prior, personal knowledge
of each other in this one-time and limited-time event that may determine
whether a claimant receives disability benefits.
See rules at:
79 Fed. Reg. 35926 (June 25, 2014).
http://www.gpo.gov/fdsys/pkg/FR-2014-06-25/pdf/2014-14793.pdf
See rules at:
79 Fed. Reg. 35926 (June 25, 2014).
http://www.gpo.gov/fdsys/pkg/FR-2014-06-25/pdf/2014-14793.pdf
