Claimants who request a hearing before an Administrative Law Judge (ALJ) are required to attend the hearing in person. Sometimes that hearing will be located at a Social Security office down the block, other times the hearing may be much further away, but regardless, the claimant is required to attend. In some cases person who requests a hearing is living in another country, even though they may be entitled to Social Security benefits based on the time they worked in the United States. In these cases a person is not required to attend the hearing, but in all other instances there is specific rules related to attending hearings.
Where Is The Hearing Held?
The hearing before the ALJ is usually held in the area where the person requesting the hearing resides, although the person may be required to travel up to 75 miles without travel expense reimbursement. The person may have to travel over 75 miles for a hearing but can request travel expense reimbursement in that situation. In setting the time and place of the hearing, the ALJ determines whether appearance at the hearing will be made in person or by video teleconferencing. The ALJ may direct that the hearing be conducted by video teleconference if video conferencing technology is available and there are no circumstances that prevent use of video teleconference. However, a claimant may object to having his or her hearing by video teleconference. If the claimant refuses to appear by video teleconference, an in-person hearing will be scheduled.
Are Travel Expenses Paid?
The Government will pay travel expenses to you and reasonably necessary witnesses only if travel over 75 miles is required. The Government may pay a representative for travel expenses to attend a hearing. The amount of reimbursement under this section for travel by your representative to attend a disability hearing or a hearing before an administrative law judge may not exceed the maximum amount allowable under this section for travel to the hearing site from any point within the designated geographic service area of the office having jurisdiction over the hearing. The Government specifies a maximum travel allowance.
What Should A Person Do Who Is Outside The U.S. And Wishes A Hearing?
If you live outside the U.S. and inform the ALJ assigned to conduct the hearing, in writing that you do not wish to appear at a hearing, the ALJ may decide the case based on the record and any additional evidence submitted, with no one appearing in person. If you wish to have an in-person hearing, you may travel to the U.S. at your own expense or appoint a representative to appear on your behalf.
What Should A Person Do Who Is Outside The U.S. And Wishes A Hearing?
If you live outside the U.S. and inform the ALJ assigned to conduct the hearing, in writing that you do not wish to appear at a hearing, the ALJ may decide the case based on the record and any additional evidence submitted, with no one appearing in person. If you wish to have an in-person hearing, you may travel to the U.S. at your own expense or appoint a representative to appear on your behalf.
