To address recent court cases, we are making final the rules that allow the ALJ to determine that a person other than the claimant or any other party to the hearing may appear at the hearing by telephone. In a recent Federal case, a District Court Judge held that we could not take a medical expert’s testimony by telephone without prior notice to the claimant, and over the claimant’s objections, unless we amended our regulations to allow witnesses to appear by telephone. Edwards v. Astrue, No. 3:10cv1017, 2011 WL 3490024 (D. Conn. Aug. 10, 2011). Other courts have made similar rulings. These final rules address concerns raised in Edwards and other cases....
Our final rules provide that the ALJ will determine how any person other than the claimant or any other party to the hearing will appear at the hearing, whether in person, by video teleconferencing, or by telephone. If the ALJ determines that any person will appear at the hearing by telephone, the ALJ will notify the claimant and any other party to the hearing in advance of the hearing. If th e claimant or any other party to the hearing objects to any other person appearing by video teleconferencing or by telephone, the ALJ will decide how that person will appear. Our final rules also clarify that the claimant or any other party to the hearing may request to appear at the hearing by telephone. The ALJ will allow the claimant or other party to appear by telephone if the ALJ determines that extraordinary circumstances exist which prevent the claimant or other party from appearing in person or by video teleconferencing.