Travel Reimbursement Clarified

December 18, 2011

Author: Catherine M. Callery (Kate)| Louise M. Tarantino

With the demise of “temporary remote” hearing sites (see the June 2011 edition of the Disability Law News), claimants and representatives now have to travel longer distances to hearing offices.  The Social Security Act and regulations allow for reimbursement of travel expenses in certain circumstances.  See, e.g., 20 C.F.R. §§ 404.999a-d and 416.1495-1499. Per 20 C.F.R. § 404.499c(d)  & 416.1498(d), reimbursement is allowed only if the distance from the person’s residence or office to the hearing site exceeds 75 miles.  The amount of reimbursement cannot exceed the maximum allowable for travel to the hearing site from any point with the geographic area of the ODAR having jurisdiction. 

Advocates seeking reimbursement for themselves and their clients will attest that confusion reigns over this issue.  At a recent NOSSCR (National Organization of Social Security Claimants) conference, ODAR Deputy Commissioner Glenn Sklar acknowledged that there has been “tremendous confusion” at the ODAR level.  He emphasized that there have been no changes in SSA’s policies and promised to ensure that all hearing offices follow current policy.  He did suggest getting prior approval from the hearing office for unusual travel requests such as airfare.  He also reiterated that a claimant is still eligible for reimbursement if s/he declines a video hearing and then has to travel more than 75 miles to the in-person  hearing site. 

He noted, however, that reimbursement is not available if a change in location to a more distant hearing site is made at the request of the claimant or the representative.  This qualification is set forth in 20 C.F.R. §§ 404.999c(d)(4) & 416.1498(d)(4).