tag:blogger.com,1999:blog-6493142765016058848.post5223862607338151931..comments2024-01-08T18:50:03.087-08:00Comments on LawAndOrder: Video Hearings Are A Denial Of Due Process At Social Securityichbinaljhttp://www.blogger.com/profile/07968729252544011395noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6493142765016058848.post-29534509685838749532014-11-30T11:23:24.323-08:002014-11-30T11:23:24.323-08:00Social Security (SSA) recently changed its rules r...Social Security (SSA) recently changed its rules regarding videoteleconferencing (VTC), and is now sending notices regarding VTC at an early stage of the hearing level. The new notice requires a decision within 30 days whether or not to object to a video hearing. Previously, the objection to VTC was not made until the time a hearing was actually scheduled.<br />By moving forward the date by which an objection can be made, the issue of whether to accept a VTC is much easier. You may not know the identity of your judge or when your hearing will be scheduled. This should, make it much easier to "Just say No" to a video hearing.<br />Social Security loves to use VTC. It is an effective way to reduce a Backlog. There are national hearing centers where administrative law judges (ALJ) hear cases all day by video from remote locations. <br />SSA expected this change in policy would lead to fewer objections to video hearings. It might have the opposite effect. Logically, if claimants have lawyers who give good advice, this might lead to more refusals to VTC hearings.<br />Claimants' representatives are acquainted with the ALJs in their area. They know what the ALJs are looking for in order to decide a case. They can read their body language at an in-person hearing.<br />A smart attorney would not risk the possibility of his cases being heard by a distant unknown ALJ. <br />There is another issue that attorneys must consider. ALJs from remote parts of the USA have different and sometimes strange ways of looking at and sizing-up claimants. Also, claimants in certain regions of the USA have different and unique behavioral habits. These peculiarities will effect how an ALJ looks at and judges the claimant and the evidence. Many times it is like a roll of the dice to accept a VTC Hearing. It is safer to "Just Say NO!".<br />Every case will be different. It would not be smart to adopt a blanket policy. Every case should be evaluated on its own merit, but the first impulse should always be to refuse to accept a VTC Hearing. You have little to gain and much to loose.<br />ichbinaljhttps://www.blogger.com/profile/07968729252544011395noreply@blogger.com