Saturday, March 3, 2018

SHOULD YOU HAVE A SOCIAL SECURITY DISABILITY HEARING BY VIDEO?

Responding to the severe backlog of hearings and the long wait time to get a hearing, Social Security is now doing a large percentage of their disability hearings by Video-Teleconference (VTC). 

But do you really want to have your hearing by VTC?

You have a choice.  You can opt out of video hearings, if you do so according to the rules.  (More on that later).

The major advantage of a video-teleconference is that it shortens the wait time for a hearing.  However, my research indicates that it only shortens the wait time by 1 or 2 months.  Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.

What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings.  A 5 percent increase may not sound like much, but it is significant.

What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen?  Here is the rule you must follow:

Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference.  This is normally in a packet of materials sent out a few months after you submit your appeal.  Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice.  A form is sent with the notice for this purpose.

There may be instances where attending a hearing by video-teleconference is a good idea.  An example would be if you are in a hearing office with very low award rates.  A video hearing may give you a better chance but there are, of course, no guarantees.

Need help with a Social Security disability claim or appeal?  Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville.  (We work with clients all over Alabama and middle Tennessee).

  THE FORSYTHE FIRM
Practice Limited to Social Security disability 
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297

SOCIAL SECURITY JUSTICE - MORE INFORMATION 

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