Last Update: 8/15/05 (Transmittal I-2-60)
The Administrative Law Judge (ALJ) sets the time and place for the hearing. The ALJ may change the time and place, if necessary. The objective is to hold a hearing as soon as possible after the request for hearing (RH) is filed, at a site which is convenient to the claimant.
When determining the time and place for a hearing, the ALJ will consider the number and types of cases to be set for hearings during the period under consideration, the proximity of the hearing site to the claimant's residence or place of business, and the availability of the claimant, representative and witnesses on the proposed hearing date. To the extent possible, the location of the hearing site will be within 75 miles of the claimant's residence or place of business. The ALJ should also give consideration to conducting the hearing through the use of videoconference technology.
Do not require a claimant to travel a significant distance to the hearing office (HO) or another hearing site if a closer hearing site exists and there are no other circumstances which prevent the ALJ from conducting the hearing there.
Do not require a claimant to appear at the HO or another hearing site if personal circumstances prevent the claimant from doing so. For example, a claimant's confinement in a prison or other institution may require the ALJ to schedule the hearing at the place of confinement, unless other arrangements can be made. Some institutions have videoconference technology which can be utilized to conduct hearings. The Judge is encouraged to pursue this avenue for security reasons, as well to reduce delays in the hearing which may otherwise occur.
Do not deny any claimant the right to a hearing because of geographic considerations. For example, if a claimant other than the claimant that filed the RH resides in a distant HO service area, the ALJ may conduct a primary hearing for the claimant that filed the RH, and arrange for the other claimant to attend the hearing or a supplemental hearing in the distant service area by video conference.
NOTE:
The HO staff should telephone hearing participants to ascertain availability before scheduling the hearing.
When scheduling several hearings in succession, the ALJ should estimate the time that will be required for each hearing to ensure that sufficient time is allotted.
An ALJ may postpone a hearing before the time set for the hearing or adjourn a hearing in progress to continue it at a later date. The ALJ will give the claimant reasonable notice of postponement or continuance of a hearing. (See I-2-3-35, Adjournment and Continuance of Hearing.) The letter used to respond to a request to reschedule a hearing can be accessed through the Document Generation System (DGS), by clicking on “Notices” and then clicking on “HO13-Letter Responding to request to Reschedule Hearing.”
A claimant may object to the time or place of a hearing by notifying the ALJ, at the earliest possible opportunity before the time set for the hearing, of the reasons for the objection, and the time and place he or she would prefer the hearing to be held. When the ALJ schedules the hearing to be held by videoconference, the claimant has an absolute right to request that the hearing be postponed and re-scheduled in favor of an in-person hearing. See 20 CFR §§ 404.936(e) and 416.1436 9e); I-5-1-16 III.C., Claimant's Right to Object to VTC Hearing.
Whenever possible, the claimant or the claimant's representative should submit the objection in writing. However, if necessary, the claimant may object by telephone. If a claimant notifies the HO of an objection by telephone, the HO staff must prepare a report of contact. The report of contact should be made an exhibit to the claim folder. To access a Report of Contact, go to DGS, click on “Correspondence”, click on “Prehearing” and then click on “Other.”.
The ALJ must find good cause for changing the time or place of a scheduled hearing, and change the time or place of the hearing, if:
the claimant or the claimant's representative is unable to attend or travel to the scheduled hearing because of a serious physical or mental condition, incapacitating injury, or death in the family;
severe weather conditions make it impossible to travel to the hearing; or
the claimant objects to the hearing being held by videoconference technology. See I-5-1-16 III.C., Claimant's Right to Object to VTC Hearing.
The ALJ may also find good cause for changing the time or place of a scheduled hearing, and change the time or place of the hearing based on other circumstances. When determining whether a claimant has good cause for objecting to the time or place of his or her hearing based on other circumstances, the ALJ will consider the claimant's reason(s) for objecting, the facts supporting the reason(s), and the impact changing the time or place of the hearing would have on the efficient administration of the hearing process.
Examples of other circumstances a claimant may give for requesting a change in the time or place of a scheduled hearing include, but are not limited to, the following:
the claimant has attempted to obtain a representative, but needs additional time;
the representative was appointed within 30 days of the scheduled hearing and needs additional time to prepare for the hearing;
the representative has a prior commitment to be in court or at another administrative hearing on the date scheduled for the hearing;
a witness who will testify to facts material to the case would be unavailable to attend the scheduled hearing and the evidence cannot be otherwise obtained;
transportation is not readily available for the claimant to travel to the hearing;
the claimant lives closer to another hearing site; or
the claimant is unrepresented and illiterate and, as a result, unable to respond to the notice of hearing.
When determining the impact that changing the time or place of the hearing would have on the efficient administration of the hearing process, factors the ALJ should consider include, but are not limited to, the impact a change would have on processing other cases awaiting hearing, the cost of implementing the change (e.g., higher expert witness fees or travel expenses), whether the ALJ granted the claimant an earlier change, and whether a change would unnecessarily delay the hearing.
When the ALJ finds that there is good cause to change the time or place of the hearing, the ALJ will reschedule the hearing. The ALJ or the HO staff will notify the claimant and representative of the finding by issuing a new notice of hearing at least 20 days before the hearing. (See I-2-3-15, Notice of Hearing.) To access letter finding “good cause” for changing the time and place of a hearing, access DGS, click on “Notices” and then click on “HO14 – Change Place and Time of Hearing.”
The ALJ will not change the time or place of the hearing without first finding that the claimant has “good cause” for such a request. The ALJ or the HO staff will notify the claimant and representative of the finding and rationale for it before the hearing. The notification could either be by written notice or via telephone or email by HO staff which should be documented in a Report of Contact. Such notice documentation should be made an exhibit to the administrative record.
NOTE:
The ALJ or HO staff may not change the place of a hearing simply because another site would be more convenient to the representative. (See I-2-0-70, Hearing Office Service Area.)
An ALJ may authorize reimbursement of reasonable travel expenses to a claimant, representative or unsubpoenaed lay or medical witness whose appearance the ALJ determines is “reasonably necessary” for a fair hearing, when such person must travel more than 75 miles one way to attend the hearing.
Directives concerning the payment of these travel expenses can be found at Chapter 07, Instruction No. 26, Administrative Instructions Manual System (AIMS). (See I-2-0-72 E., Foreign Claimant Travel — Residence and Reimbursement of Travel Expenses; and I-2-0-93 Exhibit - ENCLOSURE — REIMBURSEMENT OF TRAVEL EXPENSES.)
Subpoenaed witnesses are reimbursed the same fees and allowances paid to witnesses in U. S. District Court, i.e.:
a fee for each day's attendance (including a fee for the necessary time to travel to and from the place of attendance);
the actual cost of transportation by the most economical and expeditious mode; and
a subsistence allowance on the same basis that Social Security Administration employees are currently authorized.
These expenses must be recorded on a Public Voucher for Fees and Mileage of Witnesses, SF-1156, and Claim for Fees and Mileage of Witness, SF-1157, which must be signed by the subpoenaed witness and a certifying officer. The certifying officer may not be the ALJ at whose hearing the witness testified. The regional office will process these vouchers and forward them to the appropriate servicing fiscal office for payment.