Last Update: 9/28/05 (Transmittal I-2-66)
Each hearing office (HO) has jurisdiction over a designated geographic area referred to as the HO's “service area.” The HO will generally process all requests for hearing (RHs) of claimants residing in that area. In general, hearings will be held within 75 miles of the claimant's home.
SSA may only reimburse the claimant, the representative and unsubpoenaed witnesses for travel expenses if the distance between the HO and the person's residence or office, whichever he or she travels from, is more than 75 miles.
See I-2-0-72 F., Reimbursement of Travel Expenses of Foreign Claimants and I-2-3-10 H., Reimbursement of Travel Expenses.
When an HO receives a RH, the HO staff will screen the RH to determine if the HO has venue, i.e., whether the residence address of the claimant is in the geographic area the HO serves. If the HO does not have venue, the HO staff will forward the RH to the HO that does.
Although a claimant may request a change of venue, i.e., request to have the case transferred to another HO, it is OHA's policy not to routinely grant such requests. Because of the large volume of cases in HOs, routine changes of venue would be disruptive and could adversely affect service to other claimants. Also, with the availability of videoconference capabilities, unless the claimant has elected not to have his or her hearing held by videoconference, changes of venue should be granted infrequently. See 20 CFR. §§ 404.936(e) & 416.1436(e).
An ALJ may change venue upon a claimant's written or oral request if the claimant has good cause for making the request, or on the ALJ's own initiative if the change would promote the efficient administration of the hearing process and ensure the claimant a full and fair hearing. Examples of circumstances that could warrant a change of venue include, but are not limited to, the following:
A witness who will testify to facts which are material to the claimant's case and which cannot be otherwise obtained, would be unable to travel to the place set for the hearing, but would be able to travel to another place if the hearing were held there.
Transportation is not readily available for the claimant to travel to the place set for the hearing.
The claimant lives closer to another hearing office.
The claimant is confined in a prison or other institution and reasonable arrangements cannot be made to transport the claimant to the place set for the hearing. Under these circumstances, hearings may be held at the place of confinement or through the use of videoconference technology.
NOTE:
If an ALJ changes venue, he or she must notify all parties and the receiving HO of the change and the reasons for it. HO management should contact the receiving HO management prior to transferring and mailing the claim file so that the receiving HO will be aware of the venue change and will be expecting the claim file.