I-2-0-22.Agreement to Appearing by Online Video
Last Update: 11/25/24 (Transmittal I-2-259)
A. General
OHO management, through designated staff, may schedule a claimant to appear by online video only if the claimant agrees to appear in that manner. See 20 CFR 404.936(c) and 416.1436(c). To agree to appear by online video, the claimant must notify us in writing within 30 days after receiving the Notice of Ways to Attend a Hearing. See 20 CFR 404.936(e) and 416.1436(e).
NOTE:
An appointed representative may submit an agreement to appear by online video on behalf of the claimant. The representative's agreement is not required to schedule an appearance by online video if the claimant agreed to appear in that manner. If the representative submitted an agreement to appear by online video and the claimant does not appear at the scheduled hearing, the administrative law judge (ALJ) will follow the procedures in HALLEX I-2-4-25.
B. Establishing Timeliness
In evaluating the timeliness of an agreement to appear by online video, OHO management, will follow the guidance in HALLEX I-2-0-80.
C. Timely Agreement
If a claimant timely agrees to appear by online video, OHO management, through designated staff, may schedule the claimant to appear by online video. The submission of a timely agreement to appear by online video will generally be considered a fact that provides a good reason to schedule the claimant to appear in that manner. Accordingly, if the claimant agrees to appear by online video, OHO management, through designated staff, will generally schedule the claimant to appear by online video unless doing so would cause delay or there is a good reason to schedule the claimant to appear by another available manner of appearance. See 20 CFR 404.936(c)(1) and 416.1436(c)(1) for factors to consider when determining the manner of appearance.
D. Untimely Agreement
If the claimant submits an agreement to appear by online video after the 30-day timeframe, the ALJ will evaluate whether the claimant has good cause for the late submission. In evaluating good cause, the ALJ will use the standards set forth in 20 CFR 404.911 and 416.1411. See 20 CFR 404.936(e) and 416.1436(e).
NOTE:
Even without a showing of good cause, OHO management, through designated staff, may approve a request to change the manner of appearance to online video after the 30-day time period, if it would be efficient to conduct the hearing in that manner and the circumstances in the case provide a good reason to schedule the claimant's appearance by online video.
E. Withdrawal of Agreement
The claimant may withdraw their agreement to appear by online video at any time before the start of the hearing. See 20 CFR 404.936(e) and 416.1436(e). If the claimant withdraws their agreement, OHO management, through designated staff, will schedule the claimant to appear by one of the other available manners of appearance. See HALLEX I-2-3-15 for the Notice of Hearing requirements.
NOTE 1:
The claimant may withdraw their agreement in writing or orally. If the claimant withdraws their agreement orally, staff will memorialize the withdrawal in a Form SSA-5002 (Report of Contact), which will be associated with the record and added as an exhibit.
NOTE 2:
The start of the hearing is when the ALJ goes on the record. See HALLEX I-2-6-42 B for when an ALJ goes on the record. Accordingly, a claimant who is scheduled to appear by online video may withdraw their agreement to that manner of appearance if, upon signing into the hearing, they disagree with the third-party terms of service or for any other reason.