SSA rules for a Social Security Disability appeal hearing clearly say that vocational experts (VEs) are expected to testify in person or by using video conference. Unfortunately, some judges seem to think that this is just an arbitrary guideline.
It doesn’t happen often, but there have been times when I’ve taken a client in front of a judge and we’ve been notified right then and there that the VE offering evidence from the government will be calling in on their cell phone. Blindsiding claimants and their representatives in this way is not only unethical, it’s completely against the SSA’s own rules for Social Security Disability!
Judges Must Follow Their Own Rules
There are two applicable rules when it comes to changing the method by which VEs are going to testify in a Social Security Disability hearing. The first is that the judge has to let the claimant know ahead of time. In other words, they aren’t allowed to just say, “by the way, the VE will be calling in today” at the beginning of the hearing.
The second rule, which is related to the first, is that the claimant is allowed to object to phone-only testimony and the court has to respect this objection as long as it follows the proper rules. This is related to the first rule because obviously the claimant needs to be told ahead of time so he is given a chance to object.
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How to Argue Against this Testimony
If you are involved in a case where this kind of situation occurs, it’s important that you object to the testimony as soon as you learn about it. The judge may argue that it’s just a simple technical change but the SSA guidelines clearly say that talking to someone over the phone is not a simple substitute for a video conference.
Don’t belabor the point, though. If the judge insists on going ahead with the phone testimony and it undercuts the claim, there’s plenty of precedent for you to win an appeal. We’ve helped clients do just this, so feel free to visit our home page to see how we can help you
Judges can’t just alter SSA rules on a whim. If the SSA wishes to have the ability to act in this way, they have to make an official change to the rules of the Social Security Disability appeal hearing process. All of this is why it’s more important than ever to work with an experienced Social Security Disability attorney on your Social Security Disability appeal. For more information, be sure to check out our free e-book, The Social Security Disability Puzzle.
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