The Social Security Administration encourages claimants to have their hearings by way of video rather than by personal appearance. The SSA’s reason for this is that, in the estimation of some bureaucrats, video hearings are efficient. According to the SSA, a video hearing is the same as a hearing at which the parties make a personal appearance.
Video hearings are not popular
However, video hearings are unpopular among claimants, attorneys, experts and administrative law judges, says an Albuquerque disability lawyer. One reason for this is that the essence of the interaction between the ALJ and the claimant is fundamentally changed by a video conference.
A video hearing is two dimensional and remote, rather than the three-dimensional and immediate interaction of a hearing conducted in person. In most situations, the claimant will want to tell his or her story to the ALJ in person. The sole benefit of a video hearing is that it might result in your being scheduled for an earlier hearing date.
The right to object to a video hearing
If you object to having a video hearing, the ALJ is likely find your objection to be a sufficient reason to reschedule your hearing for a place and time at which you can appear in person. In other words, you have the power to refuse a video hearing, according to an Albuquerque NM disability lawyer.
Video hearings for experts
On the other hand, you do not have the same veto power over whether an expert can appear in person or by way of video. In other words, the regulation does not provide good cause to support a claimant’s wish not to have an expert make a video appearance. Additionally, the regulation does not offer an example of what might be considered good cause for requesting that an expert appear in person, as opposed to a video appearance.
Seeking an Albuquerque disability attorney
If you have questions about your disability case, or would like legal representation, please call the office of Michelle Baca Attorney at Law at 505-872-1142 to schedule a confidential appointment.
