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Thursday, June 10, 2010

Should I attend a Social Security video hearing?

Should I attend a Social Security video hearing?

I was asked by a client this morning about video hearings in Social Security cases. I have found no problems in handling hearings by video. I have a video hearing later today, and in my experience, it has shortened the waiting times for a hearing. While you have the option to refuse a video hearing and demand a live hearing, I do not recommend that to my clients.

4 comments:

Carol Brent said...

You stated that you have no problems with video hearings. Do you think that the ALJ sees all of the nuances of the client's disability in a video hearing? This was one of the arguments that we had at one of the law firms that I used to work for. I once had a child crawling under the table, she had behavior problems. However, the ALJ could not see her movements so I felt the video was a disadvantage. However, I do not want to delay my client's hearings, either.

Carol Brent said...

You stated that you have no problems with video hearings. Do you think that the ALJ sees all of the nuances of the client's disability in a video hearing? This was one of the arguments that we had at one of the law firms that I used to work for. I once had a child crawling under the table, she had behavior problems. However, the ALJ could not see her movements so I felt the video was a disadvantage. However, I do not want to delay my client's hearings, either.

Anonymous said...

I'm sorry_ I accidentally left 2 posts- please delete the first one- the second one is the correct post. Thank you.

John Tucker said...

I think it is a balance. For most clients, having a faster hearing outweighs the ALJ not being able to see all of their problems in detail from 6 feet away. As attorneys, our job is to make a record. If the client has a tremor or points to a part of their body the ALJ cannot see, we have an obligation to state that on the record. If a child was crawling under the table, I would say that verbally on the record to make sure I preserved that for appeal, if necessary.

Legal Guides From John Tucker on Selected Disability Topics