I-2-6-15.Appearance by Audio, Agency Video, or Online Video

Last Update: 11/25/24 (Transmittal I-2-263)

A. Participant in Hearing Appears by Audio, Agency Video, or Online Video

Administrative law judges (ALJ) may conduct hearings in which one or more participants appear by audio, agency video, or online video in the same manner as in person hearings (using the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-6). However, an ALJ will consider the additional issues noted below.

NOTE 1:

For technical guidance on audio, agency video, and online video hearings, see hearing office Standard Hearings Operations Procedure (SHOP) section 4.2.11.

NOTE 2:

If an ALJ conducts audio or online video hearings at an alternate duty station, the ALJ must make reasonable and good faith efforts to ensure that no one else is in the room during the hearing and that all non-Social Security Administration (SSA) approved electronic devices that may be monitoring or recording voices (e.g., smart speakers and devices such as Amazon's Alexa/Echo, Google Home, Apple's Siri, and Microsoft's Cortana) in the area during the hearing have been disabled. If anyone is in the same residence, the ALJ will take reasonable precautions to ensure that no one, including children or pets, enters the room while a hearing is in progress. If someone inadvertently enters the room during a hearing, or there is an emergency requiring the ALJ's attention, the ALJ will (1) ask the Verbatim Hearing Reporter (VHR) to pause the recording until the ALJ clears the room, and (2) note on the record after the recording resumes the need to have taken a short break.

1. Security Guards (Remote Sites Only)

If one or more parties appear in person or by agency video at a remote site, an ALJ must determine whether a security guard needs to be present at the remote site.

2. Access to the Record

A claimant's right to access the record is the same whether they appear at a hearing in person, by audio, by agency video, or by online video. For the general policy regarding providing an opportunity to examine the claim(s) file and proposed exhibits, see HALLEX I-2-1-35. See also SHOP sections 1.1.5 and 3.2.12 for providing the claimant a copy of the claim file.

3. New Evidence

Generally, claimants must inform SSA about or submit written evidence no later than five business days before the date of the scheduled hearing (20 CFR 404.935 and 416.1435). For more information about a claimant's duty to inform SSA about or submit evidence, see HALLEX I-2-5-1, I-2-5-13, I-2-6-58, and I-2-6-59. For agency video appearances, depending on the capacity at the remote site, evidence the claimant brings to the hearing may be faxed to the ALJ. In some cases, including for audio and online video appearances, the ALJ will need the claimant or representative to upload the evidence using the Appointed Representative Services or mail the evidence to the hearing office (HO). The ALJ will decide whether to admit this additional evidence into the record using the procedures outlined in HALLEX I-2-6-58 and I-2-6-59.

4. Audio and Visual Considerations

If multiple participants are testifying by different means (e.g., one participant by audio, another in-person, and another by agency video), the ALJ must ensure that all participants are able to hear the ALJ and other participants.

Additionally, if the ALJ is using the SSA network for an agency video hearing, the ALJ can directly control the cameras at both the HO and the remote site. The ALJ should ensure that each hearing participant can be seen by all other hearing participants when speaking or testifying. If remote control of the camera is not available, the ALJ and the hearing monitor must coordinate the placement of individuals to ensure that they can be seen. The hearing will be recorded in audio only.

5. Opening Statement

As part of the opening statement on the record, ALJs should provide the claimant and representative the following information about participating in a hearing by audio, by agency video, or by online video:

  • The ALJ conducts the hearing in the same way as an in-person hearing except that the ALJ will communicate via the agency video monitor, telephone or similar audio-based technology, or online video application.

  • If an expert witness is scheduled to appear by audio, agency video, or online video, the ALJ will explain the witness's manner of appearance. For agency video and online video appearances, the ALJ will explain that the claimant will be able to see, hear, and speak to the expert witness through the agency video monitor or the online video application. For audio appearances, the ALJ will explain that the claimant will be able to hear and speak to the expert witness.

  • An audio (but not a video) recording will be made of the proceedings by the VHR. This recording is the official record of the hearing. The claimant may not make an audio recording unless the ALJ agrees. See HALLEX I-2-6-52 D. The claimant may not make a video recording, or take photographs or screenshots, of the hearing. See HALLEX I-2-6-40 A.

  • Only one person should speak at a time to avoid overriding speech.

  • For audio or online video appearances, hearing participants should ensure that they are in a private and quiet location and that no one else is present or will be present during the hearing.

B. Rescheduling a Hearing for an In-person Appearance by the Claimant

Office of Hearings Operations (OHO) management, through designated staff, will follow the guidelines in HALLEX I-2-3-10 B.2. when determining the claimant's manner of appearance and whether to reschedule an audio, agency video, or online video appearance to an in-person appearance.

OHO management, through designated staff, may also reschedule an audio, agency video, or online video appearance for an in-person appearance if:

  • The claimant objected to appearing by audio and agency video, the requirements in HALLEX I-2-3-11 A or I-2-0-21 are met,

  • The claimant did not agree to an appearance by online video or withdrew their agreement to appear by online video before the start of the hearing. See HALLEX I-2-0-22 for agreements to appear by online video, and

  • An appearance by audio is not directed by HALLEX I-2-0-15 C.

In the limited circumstances in which OHO management, through designated staff, decides to reschedule a hearing to allow the claimant to appear in person, the hearing will be rescheduled based on the date the claimant filed the request for hearing. Rescheduling for an in-person appearance at a hearing does not change where the claimant falls in the queue of individuals waiting for a hearing (i.e., the hearing must be scheduled at the earliest possible opportunity considering the date of the claimant's request for hearing).

NOTE:

A claimant who travels for an in-person appearance and meets the criteria in HALLEX I-2-3-13 is entitled to reimbursement of travel expenses under 20 CFR 404.999c and 416.1498, regardless of whether they previously objected to appear at the hearing via audio, agency video, or both, or did not agree to appear by online video.

C. Rescheduling an In-person Hearing for an Audio, Agency Video, or Online Video Appearance

A claimant may not object to an in-person appearance (HALLEX I-2-3-12 A.1.), and OHO management, through designated staff, is not required to honor a claimant's request to appear by audio, agency video, or online video (HALLEX I-2-3-10 B Note 2). However, a case may be rescheduled from an in-person appearance to an audio, agency video, or online video appearance if it would be efficient to conduct the hearing in that manner. This determination is made by the ALJ or, if an ALJ has not been assigned to the case, by OHO management, through designated staff.