SSA WANTS TO LIMIT YOUR RIGHT TO AN IN PERSON HEARING
YOUR RIGHT TO A HEARING WITH THE SSA
You have a right to an in person hearing with the SSA, but that right is no longer automatic. Within the next few months, the SSA will no longer schedule people for in person hearings unless they request it.
Instead, the SSA is going to automatically schedule hearings by phone or video.
You will receive an SSA notice that states you have a right to an in person hearing. But, unless you specifically request it, the SSA will instead schedule you for a phone hearing or a video hearing.
The SSA sends out a notice for you to sign so they can schedule your hearing. If you don’t elect an in person hearing, then your judge may not live in your area. As such, the judge may not be familiar with your doctors. They won’t know how difficult it is to obtain healthcare where you live. While we think it is better to appear before a judge who lives in your area of the country, the wait for a hearing is too long. For some, it doesn’t matter how the hearing is done. They just want a hearing.
YOUR RIGHT TO AN IN PERSON HEARING
For a number of years, the SSA has been moving toward a video and telephone format for hearings. The Covid pandemic brought it to reality. During Covid, the SSA thought they would need to shut down because they couldn’t provide in person hearings. But instead, they moved to phone and video format for hearings. The phone hearings work well. The video hearings often have technical problems. But, not always.
If you have a video hearing, then you are on a video screen and so is the judge. Your lawyer can also appear by video. As attorneys who represent Social Security Disability claimants, we believe it is your right to appear in front of a judge in the courtroom.
The SSA may think moving toward video hearings is more efficient, but is also impersonal. Below, you will find the Notice of a Proposed Rule that has been issued by the SSA. When you read the rules, you will see the SSA wants to limit your right to an in person hearing. For some, this may be better because they don’t have to leave their home. But, if you want an in person hearing, then you must choose it.
NOTICE OF SSA’S NEW RULES ABOUT HEARINGS
Below you will find SSA’s rules. Not all of the text is below, but you can review a good portion of the proposal below. For a full review of the publication please go to Notice of Proposed Rulemaking, Setting the Manner for the Appearance of Parties and Witnesses at a Hearing (Nov. 15, 2018).
SUMMARY OF SSA’S RULES ABOUT IN PERSON HEARINGS
The SSA is changing how they do things. They are moving to a national hearing system, where most people will receive a phone or video hearing.
They set the time and place for the hearing. After they do so, they send out a notice that informs you of the time and date. If you did not choose an in person hearing, then you will be able to have a phone or video hearing.
At both levels, we propose to schedule the parties to a hearing to appear by video teleconference (VTC), in person, or, in limited circumstances, by telephone. We propose that parties to a hearing will not have the option to opt-out of appearing by the manner of hearing we choose.
The SSA believes that phone and video hearings will increase the efficiency of our hearings process. They also believe it will reduce the amount of time it takes to schedule hearings. It remains to be seen if they can decrease the wait time.
If you think it is unfair of the SSA to take away your in person hearing, contact your Congressman. Ask them to change the law and guarantee your right to a fair hearing. If you need help with your hearing, call Cannon Disability Law.
