Jennifer Cronenberg

CJB 23-01 has been extended again, with a current retention date of May 12, 2024. As SSA notes, “while in effect, to the extent that the guidance in this CJB differs from the Hearings, Appeals and Litigation Law Manual (HALLEX), follow the guidance in this CJB.”

This Bulletin confirms that, with claimant and representative consents, SSA will continue to schedule hearings via telephone and online video (MS Teams). It also reiterates that “claimants may withdraw their agreement to appear by telephone or online video at any time before or during the scheduled hearing, except in the limited circumstances where we may schedule a party to appear by telephone without the party’s agreement. (See 20 CFR 404.936(c)(2)-(3); 404.937(b)(2), (c); 416.1436(c)(2)-(3); 416.1437(b)(2), (c)).”

Therefore, even if your claimant initially consented to a phone/MS Teams hearing, they can revoke this consent at any point, and SSA must honor that revocation. However, if the hearing is already scheduled as a phone/MS Teams hearing, please understand that any post-scheduling revocation of modality will likely result in a postponement of the hearing as OHOs are typically unable to accommodate mixed modalities within the same hearing day.

Further, if your claimant is objecting to the phone/MS Teams hearing with the expectation that they will be scheduled for an in-person hearing, please note that an in-person hearing can only be guaranteed if the claimant has properly and timely objected to the VTC (remote / satellite-office video) hearing as detailed in 20 CFR §404.936(d) (“Prior to scheduling your hearing, we will notify you that we may schedule you to appear by video teleconferencing. If you object to appearing by video teleconferencing, you must notify us in writing within 30 days after the date you receive the notice. If you notify us within that time period and your residence does not change while your request for hearing is pending, we will set your hearing for a time and place at which you may make your appearance before the administrative law judge in person”).

To help make a timely VTC objection, SSA recently added the document type “Objection to Video Hearing” at the bottom of the dropdown list on the Electronic Records Express (ERE). You can now upload this form electronically and it will be placed in the B section of the electronic folder. Should you need to review instructions on how to upload documents via ARS/ERE, SSA has updated their user guide. 

Please reach out to NOSSCR with any questions or issues regarding hearing modality selection.