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 also propose that we would determine the manner in which witnesses to a hearing will appear.

Statement of Need:

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.