SSA Proposes Electronic Hearing Schedule

November 1, 2008

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

Ann Biddle, Esq., Paul M. Ryther, Esq.

SSA anticipates a large increase in hearing requests in the coming year.  The agency expects Administrative Law Judges (ALJs) to increase their productivity so that each ALJ processes at least 500 cases per year.  Although many ALJs are already at this level, 502 of the 895 fully available ALJs processed fewer than 500 cases in FY 2006.  SSA expects these low flying ALJs to step up their case handling.

One way that SSA proposes to insure that all ALJs are working to maximum capacity is by taking over control of scheduling hearings.  Presently, each ALJ is responsible for managing his or her own hearing schedule.  Under proposed regulations issued on November 10, 2008, 73 Fed. Reg. 66564, the agency will be responsible for setting the time and place of an ALJ hearing.  This proposal would also assist in the development of the electronic scheduling initiative, which will ease the integration of the schedules of ALJs, experts, claimants, claimants’  representatives, hearing recorders, and the availability of hearing rooms.

Under the proposed regulations, a claimant retains the right to object to a hearing by video teleconferencing, and the time or place of the hearing will be rescheduled to allow for an in-person hearing.  However, the ALJ can mandate that expert witnesses, i.e., vocational expert, medical expert, will appear by video teleconferencing.

Comments to these proposed regulations are due by January 9, 2009.