Should I Agree to a Video Hearing for My Disability Hearing?

The Social Security Administration (SSA) can conduct disability hearings in one of three ways: in person, over the phone, or by video teleconference. Historically, most hearings were in person, with remote methods being used as an option only when the disability applicant ("claimant") had trouble getting to the hearing location.

But Social Security had good luck with telephone and video hearings during the COVID pandemic, so the agency now has expanded the use of "virtual" hearings to increase efficiency and ease claimants' travel burdens. Locally, many administrative law judges (ALJs) are now holding telephone hearings. And some hearings are conducted out of a National Hearing Center (NHC), an all-virtual office, which requires a telephone or video hearing. But if you don't feel comfortable with a phone or video hearing, you have the right to request an in-person hearing.

Types of Hearings

After you request a hearing, Social Security will send you Form HA-L54, Notice of Ways to Attend a Hearing. This notice explains the ways your hearing could be conducted:

• in person at a Social Security hearing office or field office
• over the phone from your home or lawyer's office (this is called the "audio" option)
• by "agency video" using agency equipment at a Social Security office (formerly known as videoteleconference), or
• by "online video" using Microsoft Teams from a smartphone, tablet, or computer from your home or lawyer's office.

Should I Agree to a Phone Hearing or Video Hearing?

Each method of hearing has its strengths and weaknesses. If you have a representative helping you with your disability claim, you should discuss whether it makes sense for you to have a phone, video, or in-person hearing. Take into consideration several of the factors below before you make your decision.

Phone Hearings

If you're scheduled for an audio hearing, the SSA will call you on the number you provided at the time and date of your hearing. A hearing monitor will add you to a conference call and announce your presence to the ALJ, who will identify themselves as well as any additional witnesses on the line.

Pros of Phone Hearings

• You can be in any physical location as long as you have a phone connection. You don't have to worry about going to a library or a friend's house to use their computer or access the internet.
• You can be in any physical position you'd like. Claimants who have great difficulty getting dressed or sitting upright can testify while lying down or reclining without worrying about how they'll appear to the ALJ.

Cons of Phone Hearings

• The ALJ can't see you and you can't see the ALJ. Neither you nor the judge will have the opportunity to take cues from body language and facial expressions.
• Overlapping conversations can sometimes make testimony difficult. Because several people will be on the conference call with you, it can be hard to tell who is speaking when. Long pauses and interruptions can interfere with the flow of your testimony.

Video Hearings

If you're scheduled for an online video hearing, you'll need to have access to a computer or smartphone that allows you to run a secure program called Microsoft Teams. Your notice will contain instructions on how to set up the program and log in on the date and time of your hearing.

If you're scheduled for an agency video teleconference hearing, you'll have to get to the Social Security office that's hosting the video conference. The advantages of that option are that you don't need a smartphone or computer, and the SSA will set up everything for you and handle any technical difficulties.

Pros of Video Hearings

• You can see the administrative law judge (ALJ) from the comfort of your home.
• You don't have to worry about physically getting to the hearing office, but you still have the benefit of being able to see the ALJ who will decide your case.
• The ALJ can see you. Having a face to put to a name can help the judge evaluate your credibility, even subconsciously, and humanize your disability application.

Cons of Video Hearings

• Technical difficulties can arise and delay your case. While the SSA has gotten better at preventing glitches over the past two years, having additional factors at play with video technology means that more things have the potential to go wrong. But if you opt for an agency video hearing at a Social Security office, this shouldn't be an issue.
• The ALJ can't see enough of you. If you have trouble moving around or have an obvious physical impairment, these issues won't always come through on a small screen.

In-Person Hearings

If you're scheduled for an in-person hearing, you'll need to be physically present at the location provided on the date and scheduled time.

Pros of In-Person Hearings

• The ALJ will be able to see you in action. Your behavior will be easier to convey to the judge when you're both in the same room, rather than behind a screen or phone line.
• You'll have less chance of miscommunication. Having a hearing conducted at a fully staffed Social Security office increases the odds that you'll be able to fix any problems that might come up.

Cons of In-Person Hearings

• Getting to the hearing location can be difficult. The logistics of getting to the physical office, such as accounting for traffic and remembering what to bring, can be tough for many claimants.
• Being at the hearing location can increase nervousness. While most claimants are nervous about their hearing no matter how it's conducted, the idea of facing a disability judge in person can increase normal feelings of anxiety.
• It can take longer to get an in-person hearing scheduled.

Which Type of Hearing Should I Opt For?

Many disability attorneys prefer in-person hearings over telephone or video methods. In their eyes, the pros of having a hearing where they're in the same room with their client and the ALJ outweigh the cons. But not all clients need the judge to see them in person. And some clients need their disability benefits desperately. In these situations, attorneys might recommend not opting out of any of the hearing methods, which means getting a quicker hearing date.

Before you opt out of phone and video hearings, make sure that you're comfortable with a potential wait of several more months for an in-person hearing.

No one-size-fits-all method works for every claimant, and if you have a strong preference for one method over the other, let your representative know (if you have one). Your attorney might agree with you. If you have a well-supported opinion from your regular doctor stating that you have severe work-related limitations, you could benefit from the convenience of a video or telephone hearing.

How to Choose the Type of Hearing You Want

After you submit your hearing request, Social Security will send you an Acknowledgment of Hearing Request notice, letting you know that they received your request. Separately, the agency will also send you three other forms regarding the type of hearing you want:

Form HA-L54, Notice of Ways to Attend a Hearing, explains the four alternative hearing methods, as discussed above.

Form HA-55, Objection to Appearing by Audio or Agency Video, lets you opt out of having your hearing over the phone or by agency video (you can opt out of both methods or just one using this form). If you opt out of both a phone and an agency video hearing, the options you'll be left with are an in-person hearing or an online video using Microsoft Teams (at your own home or your lawyer's office).

If you want to object to the online video hearing as well, just don't submit the third form, Form HA-56, Agreement to Appearing by Online Video. Social Security won't schedule an online video hearing for you unless you give your permission.

If you do want to have a hearing over Microsoft Teams from your smartphone, tablet, or computer (or you're open to having either an online video hearing or an in-person hearing, whichever is sooner), you'll need to sign and return Form HA-56.

Otherwise, if you object to a hearing by phone and by agency video by only submitting Form HA-55, Social Security will schedule your hearing in person.

You have 30 days from receiving Form HA-L54, Notice of Ways to Attend a Hearing, to opt in to an online video hearing or to opt out of a phone hearing or agency video hearing.

For more information on what happens after you submit your hearing request, see our article on requesting a disability appeal hearing.