As we reported in a previous blog, the Social Security Administration has proposed a new rule that would allow the agency to determine whether a disability claimant can have an in-person hearing or a Video Teleconference (VTC) hearing without giving the claimant or a claimant’s representative a choice.
The rule is not yet in place, and currently claimants have the option to decline a VTC hearing in favor of a live in-person hearing with an Administrative Law Judge (ALJ). During VTC hearings the ALJ is in a different location than the claimant and the ALJ can be viewed via video. Many top Democrats have stepped in and oppose this regulation. Democrats in the House and Senate, led by U.S. Rep. Richard Neal, (D-Massachusetts), who is the chair of the House Ways and Means Committee sent a letter to Social Security in opposition of the regulation indicating it would interfere with a claimant’s Constitutional right of due process under the law.
“This change would deprive millions of Americans of their constitutional right to due process and result in hearings which are less fair and less efficient. This proposal is harmful and not justified and we request that SSA withdraw this proposed rule,” the letter stated. “Individuals who request a hearing before an ALJ currently wait two to three years, or longer, from the time they first file their application to receiving a hearing decision. To deny them the opportunity for a face-to-face hearing, when so much is on the line and they have endured so many months without income and in ill health, is inappropriate.”
These legislators point to the fact that evaluating individuals with severe impairments and determining their ability to work is a complex process, not something that lends itself to video communication well. The Democrats have urged Social Security to withdraw the proposed rule. A complete copy of the letter can be found here.
