I-2-0-15.Appearance by Audio, Agency Video, or Online Video - Overview

A. General

Office of Hearings Operations (OHO) management, through designated staff, determines whether a claimant or any other party to the hearing will appear at the hearing by audio, by agency video, in person, or, if the claimant agrees, by online video. See 20 CFR 404.936(c) and 416.1436(c). See also Hearings, Appeals, and Litigation Law (HALLEX) manual I-2-3-10. Audio means telephone or similar audio-based technology in a private location the claimant chooses. Agency video means video, with audio functionality, using agency equipment in one of the agency's offices. Online video means video, with audio functionality, using a personal electronic device in a private location the claimant chooses. See 20 CFR 404.929 and 416.1429.

A claimant may also request to appear at the hearing by audio, agency video, or online video. OHO management, through designated staff, will evaluate a request to appear by audio, agency video, or online video using the instructions in HALLEX I-2-3-10 B.2.

B. Scheduling Appearance by Audio, Agency Video, or Online Video

OHO management, through designated staff, will notify a claimant in the Notice of Ways to Attend a Hearing that they may be scheduled to appear at the hearing by audio, agency video, in person, or, if the claimant agrees, by online video. See HALLEX I-2-0-19. The notice will also inform the claimant that if they object to appearing by audio, agency video, or both, or if they agree to appearing by online video, they must notify us in writing within 30 days after they receive the notice. If the claimant misses this deadline, OHO management, through designated staff, will extend the deadline if the claimant shows that they had good cause for missing it. See HALLEX I-2-0-21 and I-2-0-22.

If a claimant objects to appearing at the hearing by both audio and agency video within the 30-day timeframe, does not agree to appear by online video, and does not change residences while the request for hearing is pending, the hearing will be set for a time and place at which the claimant may appear before the administrative law judge (ALJ) in person. However, if the claimant objects to an appearance by audio, by agency video, or both, within the 30-day timeframe but changes residences while the request for hearing is pending, OHO management, through designated staff, will use the instructions in HALLEX I-2-3-11 to determine how the claimant will appear at the hearing, based on the circumstances of the case. OHO management, through designated staff, will never schedule a claimant to appear by online video unless the claimant has agreed to that manner of appearance. For more information about how to handle claimant objections to appearing by audio or agency video, or agreements to appearing by online video, see HALLEX I-2-0-21, I-2-0-22, and I-2-3-11. See also HALLEX I-2-0-21 D for more information on untimely objections and HALLEX I-2-0-22 D for more information on untimely agreements.

OHO management, through designated staff, will determine whether the claimant will appear in person, by audio, by agency video, or, if the claimant agrees, by online video, using the procedures in HALLEX I-2-3-10.

Staff must include in the notice of hearing the manner of appearance in which the claimant, or any other party or witness, will appear. For notice of hearing procedures, see HALLEX I-2-3-15.

C. Directing an Appearance by Audio

Notwithstanding any objection to appearing by audio, the Hearing Office Chief Administrative Law Judge (HOCALJ) or their designee will direct a claimant or other party to the hearing to appear by audio when the HOCALJ or their designee cannot schedule them to appear by agency video or by online video and extraordinary circumstances prevent them from appearing in person. Extraordinary circumstances are generally limited to institutionalization, natural disasters, or very unusual circumstances directly related to a claimant's impairments. See HALLEX I-2-3-10.

When the HOCALJ or their designee directs, or a claimant requests an audio appearance, the claimant must be notified of the manner of appearance in the notice of hearing. See HALLEX I-2-3-15.