If you were appealing a denial of Social Security disability benefits prior to spring of 2020, before the COVID pandemic, you basically had only one option for your appeal hearing: going to a Social Security Administration (SSA) facility to appear before an administrative law judge either live in person or by teleconference. When SSA field offices were shut down during the pandemic, SSA added phone and online teleconferencing hearings. Now, under recently adopted rules, the SSA is making these alternate hearing methods permanently available to disability applicants.
The SSA now has four standard “manners of appearance” for a disability hearing:
- Audio (which means a telephone call). You must participate in the call from a quiet, private place.
- Online video, using your smartphone, tablet or computer, also from a quiet private place. (You must connect through Microsoft Teams software, the only videoconferencing platform approved by SSA for hearings at the present time.)
- Teleconference from an SSA office which is now called “agency video.”
- And, of course, the old standby: An in-person hearing at a Social Security facility.
As a claimant you will not be able to select the option you want. The SSA retains the right to set the the manner of appearance for a hearing (as well as the date and time). However, you can either consent or object to the type of remote hearings, as follows
Audio: You can object to a telephone hearing and the SSA says it will honor that request but “may schedule an audio hearing over an applicant’s objections in ‘very limited circumstances’ when no other method is feasible.”
Online Video: The SSA says it will not schedule you for an online video hearing unless you positively consent to this method in advance.
Teleconference: The SSA will not seek your permission in advance for a teleconference hearing, but you can object to this hearing method and the SSA says they will honor your request.
In Person: SSA retains the right to require an in-person hearing which does not require your permission nor can you object to it.
Be aware that there are time limits to consenting or objecting. You will have 30 days after receiving your hearing notice to consent or object to a manner of remote appearance.
Virtual hearings—phone, online, and teleconferencing—offer many advantages to both claimants and the SSA. For many claimants their disabilities or even their financial situations can make it problematic for them to leave home, so a virtual hearing can spare them transportation difficulties. For Social Security, virtual hearings are a way to reduce the backlog of disability cases. The backlog peaked in 2017 at nearly one million cases. The agency has whittled that down but waits of a year or more for a hearing decision remain common. The SSA has a goal of reducing wait time to 270 days this year and virtual hearings are a large part of that plan.
What is the best option for you? Like so many legal questions, the answer is: “It depends.” It depends upon the exact circumstances of your case. Consult with your disability attorney who can advise you.
The road to winning Social Security disability benefits can be complex and difficult to navigate. That is why it is useful to have a knowledgeable guide—a qualified and experienced Social Security disability attorney. For guidance on submitting your claim for Social Security disability benefits call or email us at Cuddigan Law for a free evaluation of your specific situation. And if you choose to hire us, we only get paid when you win your case.
