The Social Security Administration (SSA) reported that 129,775 video hearings were held in FY 2011, an increase of more than 9,000 from FY 2010. During video hearings, individuals seeking Social Security disability benefits present their claims before administrative law judges (ALJs). The SSA is increasing the use of video teleconference technology, in part to help reduce the processing time for claimants.
The federal agency forecasts 140,000 video hearings will be held in FY 2012.
But do video hearings result in fairer decisions? And must you accept a video hearing?
Let’s start with the second question. No, you do not need to agree. You will be told that your hearing will come faster and that’s probably true. But speed is not the only issue here. A fair hearing with a good result is what you want.
Most social security disability attorneys do not believe that video hearings are, generally, in the best interest of claimants. Your hearing is the ONLY time you will be seen in person by a judge and a vocational expert and occasionally, by a medical expert. Your credibility, your honesty, the extent of your disability as well as the credibility of your live witnesses will be determined at the hearing. All future appeals will rest on what happened at the hearing.
In a video hearing, even with large screens the judge is usually a relatively small figure, just as you appear to him or her. The lighting is not professional; it uses the lighting already in the hearing room with no effort to properly light the participants so they are visible to those watching in remote sites. You simply do not come across as compellingly as in person.
So keep this in mind when you’re told that you’ve gotten a faster hearing…but it is a video hearing.