DI 33025.085:
Conducting Disability Hearings by Telephone
Effective Dates: 05/27/1998 - Present- Effective Dates: 12/13/2017 - Present
TN 7 (09-97)- TN 10 (12-17)
DI 33025.085 Conducting Disability Hearings by Telephone - Policy- DI 33025.085 Conducting Disability Hearings by Telephone
The preferred methods for conducting hearings are in-person or by the use of videoconferencing equipment, i.e., a video hearing (See DI 33025.080). However, when it is not feasible to conduct an in-person hearing or video hearing, DHO's may conduct hearings by telephone if all of the following conditions are met.* The claimant signs and returns a statement to the DHO prior to the hearing stating, “I know that I may have an in-person, face-to-face hearing and am voluntarily electing to have my hearing conducted by telephone. I understand that having my hearing conducted by telephone will not affect the outcome of my claim.”* No witnesses other than the claimant testify.* There is no need for an interpreter.* The claim is relatively simple, e.g., there is no evidence that the claimant would have difficulty communicating due to age, or a mental or physical impairment, only one impairment is alleged, observation of the claimant is not important, and there are no unusual symptoms.- A. Policy for conducting disability hearings by telephone
Telephonic hearings are most appropriate for conducting supplemental hearings in which the issues involved are limited.- The preferred methods for conducting hearings are in-person or by the use of video teleconferencing (VTC) equipment. See DI 33025.080 Using Video teleconferencing (VTC) Equipment to Conduct Hearings. A disability hearing officer (DHO) may conduct a hearing by telephone only when extraordinary circumstances prevent the beneficiary or recipient from appearing at the hearing in-person or by VTC.
Hearings conducted by telephone must follow the same format as traditional in-person, face-to-face hearings, e.g., the claimant, or his or her representative, has the right to review the record prior to the hearing, the claimant has the right to submit additional evidence, the claimant has a right to have a representative, and the claimant and any witnesses testify under oath. (These rights are set out in the initial determination notice sent to the claimant.)- Extraordinary circumstances are generally limited to incarceration, institutionalization, natural disasters, or very unusual circumstances directly related to a beneficiary or recipient’s impairments. Under these circumstances, the beneficiary or recipient does not have an opportunity to object to appearing by telephone.
The DHO should terminate any hearing conducted by telephone and schedule a face-to-face, in-person hearing if the DHO believes that he or she cannot effectively conduct the hearing, or believes that the claimant is not able to effectively present his or her claim because of the telephone format.- When a DHO schedules a beneficiary or recipient to appear by telephone, the following conditions must be met:
- * An interpreter is not required because there is no evidence that the beneficiary or recipient would have an inability to hear, read or speak English. See DI 23040.001 DDS: Interpreters for Individuals with Limited English Proficiency (LEP) or Individuals Requiring Language Assistance.
- * If there are witnesses, the telephone hearing must accommodate them by conference call or by other means, so that the beneficiary or recipient and his or her representative (if appropriate), are able to hear and respond to all testimony.
- Hearings conducted by telephone must follow the same format as traditional, in-person hearings. The individual has the right to appoint a representative, review the record prior to the hearing, submit additional evidence, request assistance with obtaining additional evidence, present witnesses, and question any witnesses. (These rights are set out in the initial continuing disability review ‘cessation notice’ sent to the individual).
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