Social Security Changes Rules for How You Can Attend Your Disability Hearing

Before the COVID pandemic, if you were appealing a denial of Social Security Disability benefits, you basically had only one option for your appeal hearing: going to a Social Security Administration (SSA) facility to appear before an administrative law judge, either live in person or by video teleconference with another SSA office.

When disability hearing offices shut down during the pandemic, Social Security added phone hearings and online video hearings from any location. Now, under recently adopted rules, the SSA is making these alternate hearing methods permanently available to people applying for disability benefits.

The SSA now has four standard “manners of appearance” for a disability hearing:

• Audio (which means a telephone call). You must participate in the call from a quiet, private place.
• Online video, using your smartphone, tablet or computer, also from a quiet, private place. (You must connect through Microsoft Teams software, the only videoconferencing platform approved by the SSA for hearings at the present time.)
• Teleconference from an SSA office, now called “agency video.”
• And, of course, the old standby: An in-person hearing at a Social Security office.

The SSA retains the right to set the manner of appearance for a hearing, as well as the date and time.  However, as a claimant, you can either consent or object to certain types of remote hearings, as follows:

Audio (Phone): You can object to a telephone hearing, and the SSA says it will honor that request but “may schedule an audio hearing over an applicant’s objections in ‘very limited circumstances’ when no other method is feasible.”

Online Video: The SSA says it will not schedule you for an online video hearing unless you positively consent to this method in advance.

Teleconference: The SSA will not seek your permission in advance for a teleconference hearing, but you can object to this hearing method and the SSA says they will honor your request.

In Person: SSA retains the right to require an in-person hearing, which does not require your permission nor can you object to it.

Be aware that there are time limits to consenting or objecting. You will have 30 days after receiving your appearance notice to consent or object to a manner of remote appearance.

Virtual hearings­—phone, online, and teleconferencing—offer many advantages to both claimants and the SSA.

For many claimants, their disabilities or financial situations can make it hard for them to leave home, so a virtual hearing can spare them transportation obstacles.

For Social Security, virtual hearings are a way to reduce the backlog of disability cases.

The backlog peaked in 2017 at nearly one million cases. The agency has whittled that down but waits of a year or more for a hearing decision remain common. The SSA has a goal of reducing that wait time to 270 days this year, and virtual hearings are a large part of that plan.

What is the best manner of appearing at your hearing? Like so many legal questions, the answer is: “It depends.”  It depends upon the exact circumstances of your case. Consult with your Social Security Disability lawyer, who can advise you and help you prepare for your disability hearing.

The road to winning Social Security Disability benefits can be complex and difficult to navigate.

That is why it is useful to have a knowledgeable guide—a qualified and experienced Social Security disability attorney. For guidance on submitting your claim for Social Security Disability benefits, call or email the Chicago disability lawyers at Nash Disability Law for a free evaluation of your specific situation.