DO YOU WANT A HEARING BY VIDEO (VTC)?

Social Security is now trying to schedule hearings by video-teleconference (VTC) instead of in-person.  What's the diffference and do you really want a hearing by VTC?

Hearings, of course, are held when Social Security denies a claim and the decision is appealed.  It goes before an administrative law judge (ALJ) for a new decision and resolution.  The hearing is the only time the claimant meets face-to-face with a decision maker.

Claimants are entitled to meet face-to-face with a judge.  However, there are rules that must be met to exercise this right.  If an in-person hearing is not properly requested, a VTC hearing may be scheduled by default.

How to opt out of a video teleconference?  Shortly after your appeal is filed, Social Security will send you a packet of information and forms.  One of the forms involves a notice of intent to schedule a hearing by VTC.  The claimant must opt out by checking the proper box on this form, signing it and returning it to Social Security within the deadline. Once that is done, an in-person hearing will be scheduled.

Why do some claimants and their attorneys object to hearings by video teleconference?  A few reasons:

1)  Some people simply prefer to be in the same room with the judge for a hearing.
2)  Sometimes, there can be audio problems with the VTC format.  I was recently at a hearing where I could barely hear the judge.  I've been at other hearings where the vocational witness could not be heard.  These potential technical problems are eliminated with in-person hearings.
3)  There may be more uncertainty about who the judge will be with a VTC.  While you cannot pick the judge, nor predict who it will be, at least with a live hearing you will get a judge from the local hearing office.  But with a VTC, a judge can be from Baltimore, Philadelphia, Atlanta or St. Louis--or anywhere.  

Aside from these factors, a video hearing is conducted just like an in-person hearing.  The procedure is the same.  So, is there any advantage to having a hearing by VTC?  The only one I can think of is indefinite.  A VTC may (emphasize may) be scheduled a little sooner than an in-person hearing, just because it is more flexible and accomodates the judge's schedule.

I think each claimant should have a discussion with his or her representative before making a decision on a video teleconference.  If either the claimant or representative has a strong preference or objection, I think that should determine the matter.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
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