I-2-6-15.Hearing by Video Teleconferencing (VTC) or Telephone
Last Update: 1/21/20 (Transmittal I-2-233)
A. Participant in Hearing Appears by VTC or Telephone
Administrative law judges (ALJ) may conduct hearings in which one or more participants appear by VTC or telephone in the same manner as in person hearings (using the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-6). However, an ALJ will consider the additional issues noted below.
For technical guidance on VTC hearings, see hearing office Standard Hearings Operations Procedure (SHOP) section 4.2.11.
1. Security Guards (Remote Sites Only)
If one or more parties appear at a remote site, an ALJ must determine whether a security guard needs to be present at the remote site.
2. Access to the Record
A claimant's right to access to the record is the same whether he or she appears at a hearing in person, by VTC, or by telephone. For the general policy regarding providing an opportunity to examine the claim(s) file and proposed exhibits, see HALLEX I-2-1-35.
3. New Evidence
Generally, claimants must inform the Social Security Administration (SSA) about or submit written evidence no later than five business days before the date of the scheduled hearing (20 CFR 404.935 and 416.1435). For more information about a claimant's duty to inform SSA about or submit evidence, see HALLEX I-2-5-1, I-2-5-13, I-2-6-58, and I-2-6-59. For VTC appearances, depending on the capacity at the remote site, evidence the claimant brings to the hearing may be faxed to the ALJ, but the quantity may be limited in certain instances. In some cases, the ALJ will need the claimant or representative to upload the evidence using the Appointed Representative Services or mail larger quantities of evidence to the hearing office (HO). The ALJ will decide whether to admit this additional evidence into the record using the procedures outlined in HALLEX I-2-6-58 and I-2-6-59.
4. Hearing Recordings
The hearing will be recorded in audio only, either at the remote site or at the HO.
For VTC appearances by a claimant, the hearing monitor will usually be at the remote location in order to obtain the best audio recording of the claimant's testimony. However, in some network or off-network call-in situations, the hearing monitor will make the hearing recording from the HO location.
5. Audio and Visual Considerations
If multiple participants are testifying by different means (e.g., one participant by telephone, another in-person, and another by VTC), the ALJ must ensure that all participants are able to hear the ALJ and other participants.
Additionally, if the ALJ is using the SSA network for a VTC hearing, the ALJ can directly control the cameras at both the HO and the remote site. The ALJ should ensure that each hearing participant can be seen by all other hearing participants when speaking or testifying. If remote control of the camera is not available, the ALJ and the hearing monitor must coordinate the placement of individuals to ensure that they can be seen.
6. Opening Statement
As part of the opening statement on the record, ALJs should provide the claimant and representative the following information about participating in a hearing by VTC or by telephone:
The ALJ conducts the hearing in the same way as an in-person hearing except that the ALJ will communicate through the VTC monitor or via telephone.
If an expert witness is scheduled to appear by VTC or telephone, the ALJ will explain where the witness is located and that the claimant will be able to see, hear, and speak to the expert witness through the VTC monitor or will be able to hear and speak to the expert witness through the telephone.
An audio (but not a video) recording will be made of the proceedings by the hearing monitor.
Only one person should speak at a time to avoid overriding speech.
B. Rescheduling a Hearing for an In-person Appearance by the Claimant
The circumstances in which Office of Hearings Operations (OHO) management, through designated staff, will reschedule a VTC or telephone hearing for an in person appearance by the claimant are very limited. OHO management, through designated staff, will follow the guidelines in HALLEX I-2-3-10 B.1.a. (VTC or in person appearances) or B.1.b. (telephone appearances). OHO management, through designated staff, may also reschedule a VTC hearing for an in-person hearing if the claimant objects to appearing by VTC and the criteria in HALLEX I-2-3-11 A or I-2-0-21 are met.
OHO management, through designated staff, is not required to consider a claimant's objection to appearing at the hearing by telephone because the claimant is only scheduled to appear via telephone in extraordinary circumstances.
In the limited circumstances in which OHO management, through designated staff, decides to reschedule a hearing to allow the claimant to appear in person, the hearing will be rescheduled based on the date the claimant filed the request for hearing. Rescheduling for an in-person appearance at a hearing does not change where the claimant falls in the queue of individuals waiting for a hearing (i.e., the hearing must be scheduled at the earliest possible opportunity considering the date of the claimant's request for hearing).