This item recently came up in our office for a client we were representing. The Administrative Law Judge (ALJ) in one of the cases we were representing called a pre-hearing conference prior to the hearing on a disability case. This is a rare occurrence because Social Security does not call pre-hearing or post-hearing conferences very often any longer, but it put us on our toes a bit and reminded us that it is important to stay aware that these types of conferences can be called by a judge. Social Security has rules about these types of conferences.
When Is A Pre-Hearing Or Post-Hearing Conference Called?
A pre-hearing or post-hearing conference may be called by the ALJ on his or her own, or at the request of any party to the hearing. The purpose is to facilitate the hearing or the hearing decision.
When Are People Notified Of The Conference?
The ALJ will notify the parties of the conference at least seven days before the conference date, unless the parties waive advance written notice of the conference.
Are Topics Other Than Those In The Notice Considered?
Yes. At the conference, the ALJ may consider matters in addition to those stated in the notice, if the parties consent in writing.
2010.4
What Procedures Are Followed At The Conference?
A record of the conference will be made. The ALJ will issue an order stating all agreements and actions resulting from the conference. If the parties do not object, the agreements and actions become part of the hearing record and are binding on all parties.
If an attorney representing a claimant is notified seven days in advance of a pre-hearing or post-hearing conference it can be a dilemma. Social Security disability hearings are scheduled at least 75 days in advance, so having seven days to prepare for one of these conferences is difficult, even more so if the attorney is in another jurisdiction and must travel to the conference.
