I-2-3-12.Objections to Manner of Appearance or Time and Place Set for Hearing

1. Objections by Claimants to Appearing In Person

Office of Hearings Operations (OHO) management, through designated staff, will not offer a claimant the opportunity to object to their manner of appearance when the claimant is scheduled to appear at the hearing in person.

If a claimant submits an objection to appearing in person, OHO management, through designated staff, is not required to consider the objection.

2. Objections by Claimants to Appearing by Audio, Agency Video, or Both

A claimant can object to appearing at a hearing by audio, agency video, or both, by notifying the agency in writing within 30 days after the claimant receives Notice of Ways to Attend a Hearing. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-0-21. Absent a written objection, OHO management, through designated staff, will determine whether a claimant will appear at a hearing by audio or agency video or another manner using the instructions in HALLEX I-2-3-10. When the claimant objects to appearing at a hearing by audio, agency video, or both, OHO management, through designated staff, will follow the instructions in HALLEX I-2-3-10 B.

If the claimant submits an objection to appearing by audio, by agency video, or both, after the 30-day timeframe, the ALJ will evaluate whether the claimant has good cause for the late submission. If there is no evidence in the file indicating the reason for the late objection, the ALJ will send the claimant and representative, if any, a letter requesting an explanation for the untimely objection. The ALJ will add the letter and any response to the claim(s) file as exhibits. In evaluating good cause, the ALJ will use the standards set forth in 20 CFR 404.911 and 416.1411.

If the ALJ does not find good cause for the untimely objection, the HO will notify the claimant and representative, if any, before the hearing is scheduled. The ALJ's finding must be in a writing that is associated with the record and added as an exhibit. See HALLEX I-2-0-21 D. (The ALJ may elicit responses and rule on the objection on the record at the hearing if there is insufficient time to develop the issue prior to a scheduled hearing. If the claimant does not appear at the scheduled hearing, the ALJ will follow the usual procedures in HALLEX I-2-4-25).

3. Withdrawal of Agreement to Appearing by Online Video

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) and HALLEX I-2-0-22. If the claimant withdraws their agreement to appear by online video, OHO management, through designated staff, will schedule the claimant for another available manner of appearance and will notify the claimant and representative, if any, of the new manner of appearance. See HALLEX I-2-3-10 B.2.

1. Factors To Consider

In determining whether good cause exists for requesting a change in the time or place of a hearing, the ALJ will consider:

• The claimant's reason(s) for requesting the change;

• The facts supporting the request;

• The effect on the processing of other scheduled hearings;

• The impact of the proposed change on the efficient administration of the hearing process;

• The cost of implementing the change, including travel expenses or expert witness fees;

• Delays that might occur in rescheduling the hearing; and

• Whether an ALJ previously granted a change in the time or place of the hearing, and the reasons for granting the prior request.

2. ALJ Finds Good Cause to Change the Time or Place of the Hearing

When the ALJ finds that there is good cause to change the time or place of the hearing, OHO management, through designated staff, will reschedule the hearing. OHO management, through designated staff, will notify the claimant and representative of the finding by issuing an amended notice of hearing at least 20 days before the date of the rescheduled hearing. If OHO management, through designated staff, changes the date of the hearing, the new date must be at least 75 days from the date of the first notice of hearing under HALLEX I-2-3-15, unless the claimant has waived their right to advance notice.

A finding that good cause exists to change the time or place of the hearing will generally not change the assignment of the ALJ for the case. However, if reassignment of the case will promote more efficient administration of the hearing process, the ALJ may consult with the Hearing Office Chief ALJ regarding possible reassignment.

3. ALJ Does Not Find That There Is Good Cause to Change the Time or Place of the Hearing

OHO management, through designated staff, will not reschedule the hearing if the ALJ does not find that there is good cause to change the time or place of the hearing. OHO staff will notify the claimant and representative of the finding and the rationale for the finding before the hearing. OHO staff may notify the claimant in writing or via a telephone call documented in an SSA-5002. OHO staff must add and exhibit the documentation in the claim(s) file.