NOSSCR’s Hearing Format Election Statement is a one-page fillable form that contains all four types of hearing modalities (in-person, VTC, telephone, and online video) and allows for a simple way to notify OHO of how the claimant wants to appear at their hearing.

Using NOSSCR’s form, this information can be communicated to OHO on a single, straightforward form, which cannot be accomplished using SSA’s forms, specifically the HA-55 and the COVID-19 Remote Hearing Agreement Form. Not only do SSA’s forms require multiple submissions to communicate this information, but SSA’s COVID-19 Remote Hearing Agreement Form(s), for both represented and unrepresented claimants, still contain the following language: “If you do not agree to appear by telephone or by online video, we will delay scheduling your hearing, or, if already scheduled, we will postpone your hearing until we reopen our offices.”

SSA’s offices were reopened for in-person hearings last spring so the threat of delayed scheduling and postponement for claimants who want to appear in-person is not only inaccurate but also misleading. NOSSCR has serious concerns about this language and how it has negatively influenced claimants’ decisions to proceed with a remote hearing modality (via telephone or online video), especially for unrepresented claimants who may have felt pressured into consenting to a remote manner of appearance simply because of this incorrect information contained on an official SSA form.

NOSSCR raised our concerns about the inaccurate and misleading language on SSA’s COVID-19 Remote Hearing Agreement Forms and were told that updated versions, no longer indicating that hearing offices are closed, had been sent to claimants via mail since May 2022 and would be posted online. At the time of writing, no changes have been made to the online forms, which still contain the outdated, misleading language.

Accordingly, NOSSCR recommends using our Hearing Format Election Statement, which has been revised based on feedback from OHO to make the language clear enough for OHO’s schedulers and protective of the claimant’s rights. Notably, OHO has continued to remind schedulers that representatives are permitted to use NOSSCR’s form to communicate the claimant’s consent and/or objection to the different manners of appearance and that use of SSA’s outdated forms are not required.

VTC Objections

NOSSCR has revised our Hearing Format Election Statement to add provisions regarding the regulatory 30-day opt-out period for VTC hearings, which is still required for a timely objection to appearing by VTC. Specifically, 20 CFR 404.936(d)(1) and 416.1436(d)(1) require the VTC objection to be submitted in writing within 30 days after receiving the acknowledgement of the request for hearing notice. You and the claimant are not required to use SSA’s official form, the HA-55, to object to appearing by VTC; the regulations only require that the objection be in writing.

If an objection to VTC was not timely submitted but the claimant does not want to appear by VTC, NOSSCR’s revised form now allows you to make a request for good cause for the late submission and provide the claimant’s reason(s) for missing the 30-day deadline.

Consent to Remote Hearings

NOSSCR has also removed the following language from the consent to phone and online video hearing (OVH) sections of our form: “We do not ask for an in-person hearing.” This revision was made for consistency with SSA’s current regulations and subregulatory guidance, which do not allow a claimant to object to an in-person hearing. See CJB 22-04; 20 CFR 404.936 and 416.1436; and HALLEX I-2-3-12 A.1. However, if the claimant has consented to appearing by phone or OVH at the time of scheduling, OHO should honor the claimant’s preference for a remote hearing modality and not schedule an in-person hearing. If you experience issues with OHO scheduling in-person hearings despite the claimants’ agreement on our form to appearing via phone or OVH, please let us know immediately.