I-2-5-71.Field Office Employee as a Witness

Last Update: 9/28/05 (Transmittal I-2-68)

When an ALJ decides that the testimony of a particular FO employee is needed in a case (e.g., to resolve conflicting statements in file), he or she should request the employee's appearance by email to the FO (original and one copy) routed through SSA's Assistant Regional Commissioner (ARC) of the appropriate region. The memorandum should provide pertinent information, including the reason for the request, and the place, date, and time of the hearing and the method by which the testimony is purported to be taken. The ALJ will send a copy of the email to the Regional Chief Administrative Law Judge (RCALJ) unless the RCALJ has waived such notification, the claimant and representative, if any, and place a copy in the CF. With the ARC's prior approval, the ALJ may send the request directly to the FO Manager. To facilitate the FO employee's testimony and minimize the time out of the office by the FO employee, the ALJ should, to the extent practical, permit the FO employee to testify via telephone or video teleconference.