Setting the Manner of Appearance at Hearings: What You Need to Know About the New SSA Rules

Navigating Social Security disability hearings can be daunting. The process, rules, and paperwork may feel overwhelming for many claimants. Beginning on November 23, 2024, new Social Security rules will affect how parties and witnesses can appear at hearings. This blog post explains what these changes mean and how to prepare for your upcoming hearings under the updated regulations.

What Are the New Changes to the Manner of Appearance at Hearings?

The Social Security Administration (SSA) is updating the rules for determining how you and your witnesses will appear at hearings. These changes, effective November 23, 2024, will streamline the process by standardizing appearance options. Previously, claimants often needed to choose how they would appear. Now, the SSA will set the manner of appearance, with options available to object to certain formats.

The Four Standard Manners of Appearance at Hearings

Under the new SSA rules, there will be four standard manners of appearance for parties and witnesses at hearings:

• Agency Video (formerly “VTC”): Hearings conducted via agency-provided video conferencing equipment.
• Online Video (formerly “MS Teams”): Hearings conducted online through platforms like Microsoft Teams.
• Audio (formerly “Phone”): Hearings conducted by phone or audio-only format.
• In-Person: Traditional in-person hearings at a designated location.

These options provide flexibility for claimants, attorneys, and witnesses based on their circumstances.

What Are the Key Changes?

There are several important changes that will impact how your hearing is scheduled and how you can participate:

• Default Options: After November 23, 2024, the SSA can automatically schedule hearings for agency video, audio, or in-person formats without needing you to opt-in. These formats are now considered default options.
• Objections: As a claimant, you have the right to object to agency video or audio hearings. However, your objection must be submitted in writing within 30 days of receiving the new Notice of Ways to Attend a Hearing (Form HA-L54). The SSA has provided a revised form, Objection to Appearing by Video Teleconferencing (Form HA-55), for this purpose. If you do not agree to appear by agency video or audio and do not opt into online video, the SSA will schedule your hearing in person.
• Online Video: Unlike the other options, online video hearings are not a default. You must actively opt into online video if you prefer this method. This must be done in writing using the new Agreement to Appearing by Online Video (Form HA-56) within 30 days of receiving Form HA-L54.
• Witness Appearance: Witnesses, including vocational and medical experts, will typically appear via agency video, online video, or audio. The SSA will generally not schedule witnesses to appear in person, maintaining the flexible and efficient nature of remote appearances.
• Appeals Council Hearings: In the rare instances of oral arguments before the Appeals Council, all four appearance options—agency video, online video, audio, and in-person—will be available.

What Forms Are Affected by the Rule Change?

With these changes, the SSA is also releasing three new or revised forms related to hearing modality:

1. Notice of Ways to Attend a Hearing (Form HA-L54): This form outlines your options for attending the hearing and the procedures for making objections.
2. Objection to Appearing by Video Teleconferencing (Form HA-55): This form allows you to formally object to agency video or audio hearings.
3. Agreement to Appearing by Online Video (Form HA-56): This form is used to opt into online video hearings.

Why Is This Important for Disability Claimants?

These changes aim to create a more flexible and accessible hearing process for all parties involved. Whether you prefer in-person interaction or the convenience of remote formats, the SSA now offers multiple ways to participate in your hearing. However, it is critical to respond promptly to notices and submit any objections within the required 30-day window. Failure to do so could result in your hearing being scheduled in a manner that is not ideal for your situation.

If you object to both agency video and audio formats and do not agree to online video, your hearing will be scheduled in person. The SSA’s new process ensures that no claimant will be forced into a hearing format they are uncomfortable with, as long as they follow the proper procedures for objections.

How to Prepare for Your Hearing Under the New Rules

Navigating these new rules requires preparation and attention to detail. Here are some tips to help you prepare:

1. Review Your Notice: Once you receive the Notice of Ways to Attend a Hearing (Form HA-L54), review it carefully. Understand your options for appearing and decide which format works best for you.
2. Submit Objections Promptly: If you wish to object to agency video or audio hearings, do so in writing within 30 days. Use the Objection to Appearing by Video Teleconferencing (Form HA-55) to make your objection clear.
3. Opt-In for Online Video: If you prefer to appear via online video, be sure to submit the Agreement to Appearing by Online Video (Form HA-56) within 30 days.
4. Consult Your Attorney: If you are represented by an attorney, consult them about the best manner of appearance for your hearing. An attorney can also help ensure that all necessary forms and objections are filed correctly and on time.
5. Prepare for Your Hearing: Whether your hearing is conducted in person, by video, or by phone, preparation is key. Review your medical records, understand the evidence supporting your case, and be ready to present your situation clearly and convincingly.

The Role of Green and Greenberg

Having a disability attorney by your side during the hearing process can make a significant difference. An experienced attorney understands the nuances of Social Security hearings and can guide you through the process, ensuring that your rights are protected. They can help you choose the best manner of appearance, submit the necessary forms, and prepare your case for the hearing.

At Green & Greenberg, our disability attorneys have helped countless clients navigate the Social Security disability hearing process. We are here to support you, whether you need assistance with filing objections, preparing for your hearing, or advocating for your benefits. Contact us today to schedule a consultation and get the help you need.

Conclusion

The new SSA rules for setting the manner of appearance at hearings, effective November 23, 2024, offer more flexibility and options for claimants. Whether you prefer to appear in person, by video, or by phone, it’s essential to understand your rights and obligations under these new regulations. By preparing carefully, responding promptly to notices, and seeking legal guidance when needed, you can navigate your Social Security hearing with confidence.

For more information on Social Security disability benefits and how we can assist you, visit our Disability Blog or contact Green & Greenberg directly.