Part of the reason for this is that the SSA doesn’t go out of its way to ensure people have access to the necessary rules and procedures in order to make a claim and fight for their rights. But there’s another reason, too: on some things, the SSA is just plain vague.
For years, the question of the legality of telephone testimony from medical experts (MEs), vocational experts (VEs), and others fell into this latter category. Because SSA rules didn’t specifically address it in one way or another, it was left up to the ALJ presiding over the case to make the call.
Well, no longer. This past June, the SSA finally created a rule to address the issue. The verdict? Telephone testimony is allowed in SSD hearings as long as the side asking to use it gives advance notice to the opposition.
Issues with Testimony by Telephone
This is an unfortunate turn of events for anyone appealing a decision by Social Security, because a lot can be “lost in translation” when someone gives phone testimony. That’s a big deal when you consider that ALJs tend to base a significant percentage of their ruling on the credibility of these expert witnesses. How can they possibly tell if someone knows what they’re talking about or seems trustworthy when they can’t look at them – either on a video screen or in person?
This may seem like a minor thing to complain about, but consider how much of our communication is visual. Often, there’s more to learn from someone’s body language than there is by simply listening to them speak.
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SSA’s New Regulation Isn’t the Last Word
Thankfully, the SSA’s June ruling doesn’t have to be the last word on the issue. Not only does the opposing side need to be notified in advance if telephone testimony’s going to be used, they have the option of objecting to it being used in the hearing.
This objection doesn’t mean it won’t be used, but it does mean that the judge has to look at the circumstances surrounding the case and make a specific ruling about the types of testimony that will be allowed. You won’t even get that consideration, though, unless your social security disability lawyer makes the objection.
Worried about your Social Security hearing? Contact our offices today, and we’ll set up a free consultation. You can also keep up with the latest changes in SSD law by following our blog, and get an in-depth overview of the Social Security Disability process by checking out our free eBook.
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