Social Security Hearings

Telephone Hearings

The agency determines the manner of appearance of parties and witnesses at a hearing. The agency may schedule a party to a hearing to appear by telephone when an appearance in person or by video teleconferencing (VTC) is not possible or when other extraordinary circumstances prevent the individual from appearing in person or by VTC (20 CFR 404.936(c)(2);416.1436(c)(2); HALLEX I-2-3-10B.1.b). The COVID-19 pandemic is an extraordinary circumstance that currently prevents parties from appearing at hearings in person or by VTC.

Under the regulations, if we need to mail an amended notice of hearing, e.g., to change the claimant's manner of appearance, we must mail the notice at least 20 days before the date of the hearing (20 CFR 404.938(d); 416.1438(d)). If we need to change a claimant's manner of appearance to telephone, but we cannot mail an amended notice of hearing at least 20 days before the date of the hearing, hearing office (HO) staff will contact the claimant or representative by telephone to inform him or her that the HO is closed and that the agency needs to change the claimant's manner of appearance. HO staff will also ask the claimant or representative if the claimant is willing to waive his or her right to an amended notice of hearing mailed at least 20 days before the date of the hearing (HALLEX I-2-3-25). If the claimant or representative does not agree to waive the notice requirement, the hearing must be postponed.

Suspended OHO Workloads

In accordance, the following workloads are suspended during the COVID-19 pandemic while HOs are closed:

  • Paper cases.
    • While the agency must issue a decision in Title XVI non-disability cases within 90 days of the request for hearing, this deadline can be extended for good cause "where delays occur through no fault of the Commissioner" (20 CFR 416.1453(c)(2)(ii)). In this instance, the decision will be issued as soon as practicable when OHO resumes normal operations. The COVID-19 pandemic constitutes good cause for not rendering a decision within 90 days of the request for hearing.
  • Medical evidence requests through the Disability Determination Services (DDS) (unless forcritical cases).
  • Overpayments.
  • Consultative examinations (CE): DDS is not accepting and will return any assistance requests for CEs.Mailing notices and CDs to representatives and claimants during work up (SHOP Sections3.2.12 & 3.2.13). Hearings Customer Service Representatives and Specialists should create but not initiate a development. Create a To-Do assigned to a designated manager to track and complete this workload when visiting the office.
  • For any correspondence that cannot be mailed via central print, save to a designated shared drive. Create a To-Do assigned to a designated manager to track and complete this workload when visiting the office.