View Rule

We propose to revise and unify some of the rules that govern how, where, and when individuals appear for hearings before an administrative law judge at the hearings level and before a disability hearing officer at the reconsideration level of our administrative review process. At both levels, when we schedule a hearing, we propose that we will determine the manner in which the parties to the hearing will appear: by VTC, in person, or, under limited circumstances, by telephone. We would not permit individuals to opt out of appearing by VTC. We also propose that we would determine the manner in which witnesses to a hearing will appear.

Statement of Need:

With just over 880,000 individuals waiting for a hearing before an administrative law judge, we must ensure that we make the best use our resources to decrease the number of pending cases, reduce the average wait time, and significantly improve our service to the American public. Expanding our use of VTC technology would enable us to schedule many hearings sooner. This not only reduces the delays in claimants waiting for a hearing, but also gives us more flexibility in scheduling and allocating resources for in-person hearings to those cases that truly warrant an in-person, rather than a VTC, hearing. Some travel costs may be reduced as well, since there may be less need for in-person hearings to areas that can be serviced by more VTC hearings instead.

Summary of the Legal Basis:

Administrative not required by statute or court order.

Alternatives:

To be determined.

Anticipated Costs and Benefits:

We anticipate increased administrative and adjudicatory efficiency benefiting a reduction in hearing delays.

Risks:

To be determined.