SSA Final Rule Improves Access to Hearings

Earlier this year, the Social Security Administration (SSA) published the final rule, “Setting the Manner of Appearance of Parties and Witnesses at Hearings” with an effective date of November 23, 2024. This rule updates the ways that individuals may attend Social Security hearings and appeals. Specifically, the final rule adds telephone and online video as standard methods for participation in such proceedings.

Under the final rule, individuals may appear at their hearings in one of four ways (described below): audio, agency video, online video, or in person.

• Audio: A person may appear by telephone or similar audio-based technology in a private location of their choosing. The SSA may schedule claimants to appear by audio unless they object to such an appearance within 30 days of receiving a notice explaining the ways they may attend a hearing. The SSA may extend the 30-day deadline if the claimant shows they had good cause for missing the deadline.
• Agency video: A person may appear by video, with audio functionality, using equipment in an SSA office. The SSA may schedule claimants to appear by agency video unless they object to such an appearance within 30 days of receiving a notice explaining the ways they may attend a hearing. The SSA may extend the 30-day deadline if the claimant shows they had good cause for missing the deadline.
• Online video: A person may appear by video, with audio functionality, using a personal electronic device in a private location of their choosing. The SSA may schedule claimants to appear by online video if they agree to such an appearance within 30 days of receiving a notice explaining the ways they may attend a hearing. The SSA may extend the 30-day deadline if the claimant shows they had good cause for missing the deadline.
• In-person hearing: A person may appear at the SSA hearing site with the judge physically in the same hearing room.

The SSA is in the process of revising their materials, including webpages, forms, notices, publications, subregulatory policies, systems, and business processes to align with the requirements of the final rule. For additional information on this topic, please visit the SSA Hearings and Appeals webpage.