In yet another assault on the due process rights of disability claimants, the Social Security Administration has announced that, effective June 2013, experts can appear by phone. Expert testimony, it should be understood, can be critical to the outcome of a case.
In a recent Federal case, the court made clear that a medical expert had to appear in person unless the claimant had prior notice. Moreover, if the claimant objected, expert testimony by telephone could not occur. Edwards v. Astrue (D. Conn. Aug. 10, 2011). Other courts have issued similar rulings.
As SSA disingenuously stated “These final rules address concerns raised in Edwards and other cases.” (emphasis added). SSA’s idea of addressing the due process concerns raised by claimants and upheld by courts is simply to pass a rule that violates these rights on a broad scale.