DI 33025.085: Conducting Disability Hearings by Telephone
Effective Dates: 05/27/1998 - Present TN 7 (09-97) DI 33025.085 Conducting Disability Hearings by Telephone - Policy The preferred methods for conducting hearings are in-person or by the use of videoconferencing equipment, i.e., a video hearing (See DI 33025.080). However, when it is not feasible to conduct an in-person hearing or video hearing, DHO's may conduct hearings by telephone if all of the following conditions are met. * The claimant signs and returns a statement to the DHO prior to the hearing stating, “I know that I may have an in-person, face-to-face hearing and am voluntarily electing to have my hearing conducted by telephone. I understand that having my hearing conducted by telephone will not affect the outcome of my claim.” * No witnesses other than the claimant testify. * There is no need for an interpreter. * The claim is relatively simple, e.g., there is no evidence that the claimant would have difficulty communicating due to age, or a mental or physical impairment, only one impairment is alleged, observation of the claimant is not important, and there are no unusual symptoms. Telephonic hearings are most appropriate for conducting supplemental hearings in which the issues involved are limited. Hearings conducted by telephone must follow the same format as traditional in-person, face-to-face hearings, e.g., the claimant, or his or her representative, has the right to review the record prior to the hearing, the claimant has the right to submit additional evidence, the claimant has a right to have a representative, and the claimant and any witnesses testify under oath. (These rights are set out in the initial determination notice sent to the claimant.) The DHO should terminate any hearing conducted by telephone and schedule a face-to-face, in-person hearing if the DHO believes that he or she cannot effectively conduct the hearing, or believes that the claimant is not able to effectively present his or her claim because of the telephone format.
x← This means that the line was removed and was added – in other words, the "Effective Dates" line at the top of the document has been updated to reflect that the new version is effective as of the date the change was made.