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Dear Colleague,

On August 26, 2024, the Federal Register published the final rule, "Setting the Manner of Appearance of Parties and Witnesses at Hearings."

This rule, which is effective on November 23, 2024, updates the ways that claimants may attend their administrative law judge (ALJ) hearings. Specifically, the final rule adds telephone (which will be called “audio”) and online video as standard ways for claimants to attend a hearing.

Overview of Final Rule

Under the final rule, we may schedule claimants to appear at their hearings in 1 of 4 ways: audio, agency video, online video, or in person.

• An audio appearance, formerly a "telephone" appearance, is defined as an appearance by telephone or similar audio-based technology in a private location the claimant chooses. We may schedule claimants to appear by audio unless they object to such an appearance within 30 days of receiving our notice explaining the ways they may attend a hearing. We may extend the 30-day deadline if the claimant shows they had good cause for missing the deadline. Notwithstanding a claimant's objection to appear by audio, we may require an appearance by audio in limited instances, including extraordinary circumstances and incarceration.
• An agency video appearance, formerly a "video teleconferencing (VTC)" appearance, is defined as an appearance done by video, with audio functionality, using equipment in one of our offices. As with VTC, we may schedule claimants to appear by agency video unless they object to such an appearance within 30 days of receiving our notice explaining the ways they may attend a hearing. We may extend the 30-day deadline if the claimant shows they had good cause for missing the deadline.
• An online video appearance is defined as an appearance by video, with audio functionality, using a personal electronic device in a private location the claimant chooses. We may schedule claimants to appear by online video if they agree to such an appearance within 30 days of receiving our notice explaining the ways they may attend a hearing. We may extend the 30-day deadline if the claimant shows they had good cause for missing the deadline. Even without a showing of good cause, we may consider a request to change the manner of appearance to online video after the 30-day period if it would be efficient to conduct the hearing in that manner and the circumstances in the case provide a good reason to schedule the claimant's appearance by online video. Claimants may withdraw their agreement to appear by online video at any time before the start of the hearing.
• An in-person hearing is held at one of our hearing sites with the judge physically in the same hearing room.

Implementation of Final Rule

We are revising our webpages; forms, notices, and publications; subregulatory policies; systems; and business processes to coincide with the effective date of the final rule.

For additional information, you and your clients can visit our webpage, which will be updated with the new rule on the effective date.

Thank you for your continued support in promoting and sharing this information with your network.

Sincerely,

Christopher Dillon
Deputy Chief Administrative Law Judge
Office of the Chief Administrative Law Judge
OEA.Net.Post@ssa.gov