A previous blog post announced that Social Security was considering mandating video teleconferencing hearings for a Social Security disability cases, taking another option off the table for claimants and disability advocates.
During a video hearing, typically the claimant and his or her representative appear in one location while the Administrative Law Judge (ALJ) appears in a different location. The claimant and judge can view each other through video teleconferencing.
The Social Security Administration has published the following language regarding the proposal in the federal register.
We propose to revise our rules to explain that the agency retains the right to determine how parties and witnesses will appear at a hearing before an administrative law judge (ALJ) at the hearing level of our administrative review process, and we will set the time and place for the hearing accordingly. We propose that parties to a hearing will not have the option to opt out of appearing by the manner of hearing we choose.
The next step in the process allows for the public to comment on it. Unfortunately, Congress is not able to stop the adoption of this proposal and disability advocates typically oppose the idea.
Social Security contends that by mandating video hearings the hearing backlog will be reduced because ALJs with fewer cases to adjudicate can take some of the load off of judges with higher case loads. The current rule allows a claimant to object to a teleconferencing hearing, but if the claimant does not object it is up to Social Security to determine what type of hearing is scheduled.
Although Congress can’t stop the rule from being adopted, they could get involved, which could give Social Security second thoughts on the matter. Considering the Democratic Party will be in control of the U.S. House come January, the House Social Security Subcommittee could hold hearings on the proposal.
