The Consortium for Citizens with Disabilities (CCD), a large umbrella organization of non-profits who aid the disabled, has filed comments on Social Security's proposed changes in its regulations on manner of appearance at hearings. Their most important comment is to oppose changing the default manner of holding hearings from in-person to telephone. Now, if you don't specify, you get an in-person hearing. The proposed regulation would flip that.
Bravo to CCD. We now spend more time calling in vain to chase down manner of appearance at hearings, or having to reschedule phone hearings where the claimant doesn't pick up. Big inefficiency.
ReplyDeleteMany reps are comfortable with telephone hearings and ask for them. Video using Teams is a little hard for claimants at times. If reps do not prep their claimants on Teams they are doing a BIG disservice as it takes months to reschedule a hearing.
ReplyDeleteReps, particularly large regional or national firms, are putting their own interest in profits ahead or what is best for claimants. Firms can handle a larger geographic area when no travel is required and they can have their attorneys do more hearings as well. You cannot say this doesn't influence how they present the manner or appearance option to claimants.
ReplyDeleteIt's time to start living in the 21st century. That means doing business very differently than folks are used to. Shopping online w home delivery, ordering food online w home delivery, customer and tech support from home, streaming entertainment and other content, education, etc, etc. C'mon, wake up, it's not 1923. Disabled will be found disabled no matter whether they appear in person, online, by phone... No decision can be made based on how a claimant looks and appears. Besides potentially a basis for bias and discrimination it is also based on presumption that a judge can apparently "translate" what s/he sees in functional limitations. That's ludicrous.
ReplyDeleteDecision is supposed to be based on the medical record, not the real or perceived truthfulness or credibility of the clmt or the rep. What the record looks like on review is not affected at all by the manner of appearance.
ReplyDelete@ 11:30am: not true. The decision is supposed to be based on the evidence of record, which includes medical records, lay statements/info, and sworn testimony of the claimant and others. In some cases, there is no substitute for appearing in person or via video. There is truth in the saying: "a picture is worth a thousand words". Medical records are not always correct or complete. For example,many medical records propagate info from previous medical visits and are inaccurate in some details. Some disability claimants need to be seen by the ALJ -- it's the difference between listening to the radio (phone hearings) and watching TV (video/in-person hearings).
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