I-2-3-11.Claimant Timely Objected to Appearing at Hearing by Audio, Agency Video, or Both, but Has Changed Residences

A. General

A claimant has the right to object to appearing at a hearing by audio, by agency video, or both, within 30 days of receiving the Notice of Ways to Attend a Hearing. See Hearings, Appeals, and Litigation Law (HALLEX) manual I-2-0-21. If the claimant timely submits the objection and their residence does not change while the request for hearing is pending, Office of Hearings Operations (OHO) management, through designated staff, must approve the objection.

However, under 20 CFR 404.936(d)(4) and 416.1436(d)(14), if a claimant establishes a change in residence while the request for hearing is pending, OHO management, through designated staff, will determine how the claimant will appear, regardless of whether the claimant previously objected to appearing by audio, by agency video, or both, using the instructions in HALLEX I-2-3-11 B. Generally, OHO management, through designated staff, will honor the claimant's objection to appearing by audio, by agency video, or both, even when the claimant changes residences, if there is no additional delay or other reason not to schedule the claimant to appear by another available manner.

B. Determining Claimant's Manner of Appearance at the Hearing

When a claimant objects to appearing at a hearing via audio, agency video, or both, and the claimant does not agree to appear by online video, and the claimant later changes residences, OHO management, through designated staff, must first determine whether the claimant submitted evidence establishing a change in residence. A utility bill, notification from the post office, or other similar documentation is generally sufficient for these purposes.

If a change of residence is established, OHO management may in certain circumstances still schedule the claimant to appear by audio or agency video, despite the objection. In determining manner of appearance, OHO staff through designated staff, will then consider whether:

• The claimant now resides in the jurisdiction of another hearing office (HO),

• The change in residence requires the claimant to travel more than 75 miles to a hearing site in the HO's jurisdiction, and

• The facts in the case provide a good reason to schedule the claimant to appear by agency video or in person.

If the new address is in the service area of the same, assigned HO and the change of address would not require the claimant to travel more than 75 miles to a hearing site in the HO's jurisdiction, OHO management, through designated staff, will generally schedule the claimant to appear by another available manner of appearance, including in-person or, if the claimant agrees, online video.

If, however, the claimant now resides in the jurisdiction of another HO and would be required to travel more than 75 miles to a hearing site in the current servicing HO's jurisdiction, OHO management, through designated staff, will evaluate whether it is more efficient to conduct the hearing by a manner to which the claimant objected (subject to criteria in HALLEX I-2-3-10), or whether to transfer the case to the HO in the claimant's service area.

If OHO management, through designated staff, schedules the claimant for in a manner to which the claimant objected, they will send the claimant written notice indicating that they considered the change in residence, but decided not to transfer the case to another HO.

If OHO management, through designated staff, determines a case transfer may be appropriate so that the claimant can appear in person at the hearing, the issue will be discussed with the jurisdictional Hearing Office Chief Administrative Law Judge (HOCALJ) or their designee. If the reasons for recommending an in--person appearance are reasonable (i.e., the circumstances warrant an in-person appearance), the HOCALJ, or their designee, may transfer the case under HALLEX I-2-1-55 F and I-2-1-57. If the HOCALJ or their designee does not agree to a case transfer, the ALJ will determine the manner of appearance.