Gardberg & Kemmerly, P.C. Attorneys at Law

Changes to the Social Security Disability Hearing Process

Beginning September 6, 2014, new SSA rules went into effect that affect how the Office of Disability Adjudication & Review processes Requests for Hearings. For every hearing request received, the acknowledgement will now include language that the hearing may be conducted via video. If a claimant wishes to object to having a video hearing, he or she must file the objection in writing within 30 days of receiving the notice. This objection must be submitted via mail in the envelope included in the notice or via fax.

Additional changes revolve around transferring cases once a hearing has been requested. New procedures state that if a claimant moves after requesting a hearing and has objected to a video hearing, the ALJ will decide how the claimant will appear, including by videoteleconference. Per HALLEX 1-2-1-57, ODAR will honor the objection even when a claimant moves. HALLEX 1-2-0-70 states that if the claimant did not object to a video hearing and then moves to another jurisdiction, the case will not be transferred and the ALJ will schedule a video hearing.

These changes add additional deadlines and requirements for claimants who are appealing an initial Social Security disability denial. An experienced attorney can help. Contact our office if you have any questions about the Social Security disability hearing process.

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