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Social Security Administration to Formalize Virtual Hearing Options
The Social Security Administration (SSA) is poised to finalize regulations that will institutionalize its expanded use of audio and video technology in disability determination hearings. This move comes in response to the sustained preference for virtual hearings that has persisted after the COVID-19 health crisis.
Individuals applying for Social Security disability benefits who receive an unfavorable initial ruling have the right to appeal the decision. Prior to the pandemic, the SSA provided a combination of in-person and agency-managed video hearings, where applicants participated remotely from an SSA office, alongside a limited selection of telephone hearings.
The pandemic prompted the SSA to significantly broaden its virtual hearing formats, allowing applicants to use personal devices, such as smartphones and webcams, to attend hearings from the comfort of their homes.
As vaccinations became more widespread, virtual hearings have continued to be embraced by both SSA staff and applicants. The SSA plans to publish a definitive rule in the Federal Register on Monday, which will codify these options into its regulations.
The agency noted, “In March 2020, we began offering claimants the option to appear at hearings by telephone and later offered claimants the additional option to appear by online video in response to the COVID-19 national public health emergency. Based on our positive experiences with these methods during and after the emergency, we are adopting audio and online video as standard manners of appearance in our hearing process.”
According to the forthcoming rules, the SSA may prioritize scheduling hearings through phone or agency video. However, claimants can refuse these formats and request a traditional in-person hearing instead. If a claimant opts out of virtual options, they cannot object to attending an in-person hearing.
The process differs slightly for online video hearings, which allow claimants to use their personal video devices. For the SSA to arrange an online video hearing, the claimant must explicitly choose to do so.
“Claimants may object to appearing by audio or agency video, and a claimant must agree to appear by online video before we will schedule that manner of appearance,” the SSA clarified. “If a claimant objects to audio and agency video and does not agree to online video, we will schedule that claimant to appear at a hearing in person. However, in certain limited circumstances, we will mandate an audio appearance notwithstanding the claimant’s objection to appearing in that manner.”
The new regulations are set to come into force on November 23.
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