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There are advantages to an in-person hearing



 
If you have been denied on a disability reconsideration and have requested, or are about to request a disability hearing, there is the possibility (though slim) that may you end up having your hearing conducted at a site other than a social security hearing office...by video.

Yes, by video. Note: you always the right to decline a video hearing in favor of an in-person hearing, though this may result in a longer time to get a disability hearing date.

On its face, the notion of a video hearing seems to make sense. After all, depending on where you live in your state of residence, getting to a hearing may be difficult if you live very far away (even in North Carolina, it's been the case that claimants have had to drive as far away as 2 hours to get to a hearing location). Video hearings, whether they're held at a satellite location, or at a disability attorney's office, could "potentially" make things much easier for some claimants.

But easier at what price? Think about it. One of the great advantages of going to a Social Security Disability hearing is that not only will your case be decided by someone other than a disability examiner, and not only will you be allowed to have a representative directly involved, but you'll...actually get to meet the adjudicator on your case.

Disability hearings are very different from initial claims and reconsideration appeals where you never get to meet the decision-maker and you are, basically, just another file that the disability examiner has to deal with in his or her caseload. At hearings, you can be both seen and heard and this facet of the hearing is something that helps to personalize the appeal, making it less likely for the adjudicator to think of you as just another case.

Won't you be seen and heard at a hearing conducted by video? Yes, but will it be the same in a psychological sense? I would contend that not being physically present in the same room as a judge may make it easier for the judge to become more dismissive of a claim, the claimant, and the claimant's disability representative.

Why? Because appearing at a hearing by video puts more distance (literally and figuratively) between the claimant and the disability judge, and the nature and context of that appearance may not be to the claimant's advantage.

As an example of what I mean, consider your own conversations on phones with people you know. You may find yourself saying things over the phone that you wouldn't necessarily say in person. If not that, you might find yourself saying things "differently" than you might say in person; for example, more aggressively, more abruptly, less sympathetic than you might if the person you're speaking to was actually physically in front of you.

I've known many individuals who would rather handle certain "types" of conversation over the phone rather than in person, because its easier. Why is it easier? Because it's more distanced.

In this same sense, video hearings may carry a more "distanced feel" for each disability judge, making it easier for them to be less sympathetic and more dismissive of disability claimants.

As I said, this is purely opinion. However, if given the choice myself, I would always choose an in-person hearing over a video hearing. After all, you wait too long to get to a hearing and too much is at stake to even consider minimizing your chances of winning disability benefits.








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For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.