[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Proposed Rules]
[Pages 32145-32154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10564]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2022-0013]
RIN 0960-AI71


Setting the Manner of Appearance of Parties and Witnesses at 
Hearings

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking.

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SUMMARY: We propose to update our hearing regulations by changing the 
terms ``video teleconference'' to ``video''; changing ``telephone'' to 
``audio''; and permitting ``video'' and ``audio'' to be used as 
standard manners of appearance. These changes would clarify that 
claimants may appear for hearings remotely, using private electronic 
devices that we do not own, operate, or approve. The proposed changes 
would also make clear that a claimant may appear for a hearing using 
approved online video conferencing applications, rather than 
conferencing options using equipment that we own or approve. 
Additionally, while our current regulations permit us to schedule 
claimants to appear by telephone in limited circumstances only, we 
propose to schedule claimants to appear by audio without similar 
restrictions, if the claimant does not object to appearing in that 
manner. We expect that these changes would provide us and claimants 
with additional flexibility, which would allow us to manage our hearing 
process more efficiently.

DATES: To ensure that your comments are considered, we must receive 
them no later than July 18, 2023.

ADDRESSES: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2022-0013 so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the internet. Please visit the Federal eRulemaking portal at 
https://www.regulations.gov. Use the Search function to find docket 
number SSA-2022-0013. The system will issue a tracking number to 
confirm your submission. You will not be able to view your comment 
immediately because we must post each comment manually. It may take up 
to a week for your comment to be viewable.
    2. Fax: Fax comments to 1-833-410-1631.
    3. Mail: Mail your comments to the Office of Regulations, Social 
Security Administration, 3rd Floor (East), Altmeyer Building, 6401 
Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal portal at 
https://www.regulations.gov or in person, during regular business 
hours, by arranging with the contact person identified below.

FOR FURTHER INFORMATION CONTACT: Susan Swansiger, Office of Hearings 
Operations, Social Security Administration, 5107 Leesburg Pike, Falls 
Church, VA 22041, (703) 605-8500. For information on eligibility or 
filing for benefits, call our national toll-free number 1-800-772-1213 
or TTY 1-800-325-0778, or visit our internet site, Social Security 
Online, at https://www.ssa.gov.

[[Page 32146]]


SUPPLEMENTARY INFORMATION: 

Background

    When we determine whether a claimant is disabled under title II or 
title XVI of the Social Security Act (Act), we generally follow an 
administrative review process that consists of the following steps: an 
initial determination, a reconsideration, a hearing, which is held by 
an administrative law judge (ALJ), and Appeals Council review.\1\ After 
completing these steps, claimants may request judicial review of our 
final decision by filing a civil action in a Federal district court.
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    \1\ 20 CFR 404.900(a) and 416.1400(a).
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    As is noted above, the third step in the administrative review 
process is a hearing, which is held by an ALJ. Our current regulations 
allow us to set the time and place for a hearing, and allow us to 
schedule a claimant to appear in one of three ways: by video 
teleconferencing (VTC), in person, or by telephone.\2\ We generally 
schedule claimants to appear in person or by VTC, based on a 
consideration of several factors.\3\ We have traditionally used the 
term VTC to refer to an appearance by video using our equipment or 
equipment that we approve. We schedule claimants to appear by telephone 
in certain limited circumstances only, such as when we find an 
appearance by VTC or in person is not possible, or if other 
extraordinary circumstances prevent the claimant from appearing by VTC 
or in person.\4\
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    \2\ 20 CFR 404.929, 404.936, 416.1429, and 416.1436.
    \3\ 20 CFR 404.936(c)(1) and 416.1436(c)(1).
    \4\ 20 CFR 404.936(c)(2) and 416.1436(c)(2). Our regulations 
also explain that if claimants are incarcerated and VTC is not 
available, we will schedule their appearance by telephone, unless we 
find that there are facts in the particular case that provide a good 
reason to schedule the appearance in person, if allowed by the place 
of confinement, or by VTC or in person upon release. 20 CFR 
404.936(c)(3) and 416.1436(c)(3). Our regulations also permit us, in 
limited circumstances, to schedule the claimant's appearance by 
telephone to protect the safety of the public and our employees. 
Specifically, we may schedule the claimant to appear by telephone or 
VTC if the Hearing Office Chief Administrative Law Judge determines 
that the claimant or another individual poses a reasonable threat to 
the safety of our employees or other participants in the hearing. 20 
CFR 404.937(b)(2) and 416.1437(b)(2). We will also schedule a 
claimant to appear by telephone if we have banned the claimant from 
any of our facilities. 20 CFR 404.937(c) and 416.1437(c).
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    Under our current regulations, claimants can object to appearing by 
VTC. To object to appearing by VTC, claimants must notify us in writing 
within 30 days after the date they receive a notice advising that we 
may schedule them to appear by VTC. If they notify us within that 
period, and their residence does not change while the request for 
hearing is pending, we schedule them to appear at a hearing in 
person.\5\ Our current regulations also allow us to evaluate good cause 
for late objections to appearing by VTC.\6\
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    \5\ 20 CFR 404.936(d) and 416.1436(d).
    \6\ 20 CFR 404.936(d)(2) and 416.1436(d)(2).
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    In March 2020, we closed our offices to walk-in traffic, suspended 
in-person and VTC appearances, and began offering claimants an option 
to appear at hearings by telephone in response to the Coronavirus 
Disease 2019 (COVID-19) national public health emergency. We later 
offered claimants the additional option to appear by online video.\7\ 
Our use of online video appearances in response to COVID-19 was the 
first time we allowed claimants to appear using: (1) private electronic 
devices (rather than our equipment or agency-approved equipment); and 
(2) third-party software designated by us, rather than the proprietary 
software approved for use on our equipment or agency-approved 
equipment.\8\ Because of the sudden and unique circumstances of the 
COVID-19 national public health emergency, we would not conduct a 
hearing by telephone or online video unless the claimant consented to 
appear in that manner.
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    \7\ We began offering appearances at hearings by telephone in 
March 2020 and by online video in December 2020. Currently, we 
conduct online video appearances using a software application called 
``Microsoft (MS) Teams.'' For more information, see https://www.ssa.gov/appeals/hearing_video.html.
    \8\ While we had already been allowing representatives to 
purchase and use agency-approved video equipment for Representative 
Video Hearing Project hearings, it was only in response to the 
COVID-19 public health emergency that we first allowed 
representatives to use their own equipment for video hearings, 
regardless of whether that equipment was agency-approved. For more 
information on the Representative Video Project, see Chief Judge 
Bulletin (CJB) 11-04 and https://www.ssa.gov/appeals/documents/Representative_Video_Project_RVP-508.pdf.
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    To obtain consent, we sent claimants informational notices about 
telephone and online video appearances as well as a written agreement 
form.\9\ This agreement form allows claimants to indicate whether or 
not they agree to appear by telephone or online video.\10\ As of 
December 2022, we have completed over 65,000 hearings by online video 
and 900,000 hearings by telephone.\11\
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    \9\ An example of the form is available here: https://www.ssa.gov/appeals/documents/21-158_COVID-19_HearingAgreementForm_RepresentedClaimantandRepresentative.pdf. 
The original form from July 2020 provided the telephone option only. 
In December 2020, we updated the form to also include the online 
video option.
    \10\ Claimants can make separate selections for telephone and 
online video options. For example, claimants can indicate that they 
agree to appear by telephone but not by online video.
    \11\ See ``Number of Telephone and Online Video Hearings,'' in 
the Manner of Appearance Notice of Proposed Rulemaking Supporting 
Data Document, available at www.regulations.gov as a supporting 
document for Docket SSA-2022-0013.
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    In July 2021, we began sending surveys to claimants who appeared at 
hearings by online video, to gauge their satisfaction with the process. 
We asked them to rate four statements regarding their online video 
experience on a scale from 1 to 5, where 1 meant ``strongly disagree'' 
and 5 meant ``strongly agree.'' The four statements were: (1) the 
instructions sent in advance were helpful; (2) it was easy to connect 
to my online video hearing; (3) I was satisfied with the audio quality 
of my online video hearing; and (4) I was satisfied with the video 
quality of my online video hearing. Since August 2021, the overall 
satisfaction score has been 4.2 or higher, and 83 percent or more of 
respondents in each month since then have reported an overall 
satisfaction rate of a 4 or 5.\12\
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    \12\ July 2021 did not represent a full month of data and 
covered only July 16-31. For that partial month, the overall 
satisfaction score was 4.2 and 77.7% of people reported an overall 
satisfaction score of a 4 or 5. The overall satisfaction scores and 
percentage of people who reported an overall satisfaction score of a 
4 or 5 for other months are as follows: August 2021, 4.3, 83 
percent; September 2021, 4.5, 88.2 percent; October 2021, 4.4, 84 
percent; November 2021, 4.4, 87 percent; December 2021, 4.5, 89.5 
percent; January 2022, 4.4, 85.3 percent; February 2022, 4.4, 85.7 
percent; March 2022, 4.4, 85 percent; April 2022, 4.4, 86.7 percent; 
May 2022, 4.5, 87.7 percent; June 2022, 4.5, 88.5 percent; July 
2022, 4.4, 86.1 percent; August 2022, 4.4, 85.3 percent; and 
September 2022, 4.3, 83.8 percent. Note: We did not send surveys in 
February 2022. The data reported for that month represented surveys 
we sent in previous months that were submitted to us in February 
2022. See Table 5, ``Claimant Satisfaction Survey Report,'' in the 
Manner of Appearance Notice of Proposed Rulemaking Supporting Data 
Document available at https://www.regulations.gov as a supporting 
document for Docket SSA-2022-0013.
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    The changes we implemented starting in March 2020 were a direct 
response to the sudden and unique circumstances of the COVID-19 
national public health emergency, and for that reason we set them up as 
temporary changes. Based on our positive experience with remote 
appearances during the COVID-19 national public health emergency, and 
in an effort to incorporate greater flexibility into our rules, we 
propose to make audio and video standard manners of appearance in our 
hearing process.

Proposed Changes and Justification

    We propose to update our hearing regulations in the following ways: 
(1) replace the term ``video teleconference'' with ``video''; (2) 
replace ``telephone'' with ``audio''; and (3) make ``video'' and 
``audio'' standard manners of

[[Page 32147]]

appearance in our hearing process. With these changes, we could 
schedule claimants to appear for hearings using private electronic 
devices that we do not own, operate, or approve and using third-party 
software designated by us, rather than the proprietary software 
approved for use on our equipment or agency-approved equipment. 
Additionally, these changes would allow us to schedule claimants to 
appear by audio without the same limitations that currently restrict 
our ability to schedule claimants to appear by telephone.
    These proposed changes would also affect how we schedule a 
witness's (including a medical or vocational expert's) manner of 
appearance at a hearing.\13\ Under our current policy, we generally 
direct anyone we call as a witness to appear by telephone or VTC. Under 
the proposed policy, we would generally direct anyone we call as a 
witness to appear by audio or video. As under our current policy, a 
witness called by the claimant would generally appear in the same 
manner as the claimant, unless the witness is unable to do so.\14\ If 
the witness is unable to appear in the same manner as the claimant, we 
would generally direct the witness to appear by video or audio.\15\
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    \13\ See 20 CFR 404.936(c)(4) and 416.1436(c)(4).
    \14\ See 20 CFR 404.950(e) and 416.1450(e).
    \15\ As examples, if a claimant were scheduled to appear by 
video and a witness disagreed with the third-party terms of service 
associated with a video appearance, or if the witness did not have 
the resources to appear by video (e.g., internet service was 
unavailable), we would consider the witness unable to appear by 
video.
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    We also propose to revise our regulations regarding scheduling the 
manner of appearance for individuals who appear before the Appeals 
Council for oral argument. Our current regulations state that the 
Appeals Council will determine whether an individual will appear by 
VTC, in person, or in certain circumstances, by telephone.\16\ Similar 
to the changes we proposed above, we would change ``video 
teleconference'' to ``video'' and ``telephone'' to ``audio'' and allow 
video and audio as standard manners of appearance. These changes would 
keep the manners of appearance for oral arguments before the Appeals 
Council aligned with the manners of appearance for hearings before an 
ALJ.
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    \16\ See 20 CFR 404.976(c) and 416.1476(c).
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    Finally, we would add language to 20 CFR 404.944 and 416.1444 to 
clarify that an ALJ could stop a hearing temporarily and continue it at 
a later date if the ALJ found that one or more variables outside of our 
control, such as audio quality or video quality, materially affected a 
hearing. This option would ensure that improperly functioning 
technology does not preclude a claimant from receiving a full and fair 
hearing.
    We propose these changes because our experience with almost a 
million telephone and online video appearances during the COVID-19 
national public health emergency has shown us that additional 
flexibilities in setting manners of appearance are appropriate and 
could benefit us as well as claimants.
    Because the term ``video teleconference'' or ``VTC'' in our current 
regulations has traditionally referred to hearings where claimants use 
our video equipment in a location that we assign, we propose to replace 
it with the broader term ``video,'' which would also include 
appearances by online video as well as appearances by other video 
technologies that may be available now or become available in the 
future.\17\
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    \17\ Any application used to conduct hearings would comply with 
applicable Federal laws, regulations, and policies. We would provide 
notice of any new applications that we add in the future by 
publishing a notice, for instance in the Federal Register or on our 
website.
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    Similarly, the term ``telephone'' in our current regulations does 
not necessarily include audio appearances over the internet using 
software applications. The proposed definition of ``audio'' would 
include telephone appearances, appearances over the internet where 
video is not used, and appearances by other similar technologies that 
may be available now or become available in the future.\18\ Thus, the 
term ``audio'' is broader than ``telephone'' because it would include 
telephone appearances, audio appearances over the internet where video 
is not used, and other similar technologies as options. For audio 
appearances over the internet, we would call a claimant's telephone 
number.
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    \18\ See footnote 17.
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    Lastly, under our current regulations, we cannot schedule claimants 
to appear by telephone except under certain limited circumstances, such 
as when we find an appearance by video teleconference or in person is 
not possible or other extraordinary circumstances prevent the claimant 
from appearing by video teleconference or in person.\19\ We propose to 
schedule audio appearances (which include telephone appearances) 
without those limitations, if the claimant does not object to appearing 
by audio.\20\
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    \19\ See footnote 4.
    \20\ As with our current rules, we would require a claimant to 
appear by audio in certain limited circumstances.
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Advantages of Video or Audio as Standard Manners of Appearance

    Our proposal would benefit claimants and us in several ways: (1) 
there would be more ways to appear at a hearing; (2) we could balance 
our hearing workloads more efficiently among hearing offices; and (3) 
we would be prepared for future emergency events, like the COVID-19 
national public health emergency, that could require us to temporarily 
suspend in-person or VTC hearings.

(1) More Ways To Appear at a Hearing Would Be Available

    Before the COVID-19 national public health emergency, we generally 
scheduled claimants to appear by VTC or in person. In certain limited 
circumstances, we would require a claimant to appear by telephone. Our 
proposed regulations would allow us to schedule a claimant to appear in 
person, by video (which would include traditional VTC as well as online 
video), or by audio. Having these additional flexibilities may make it 
easier for many claimants to attend their hearings.
    If we scheduled claimants to appear by audio or video, they could 
attend the hearing in their home or at another convenient location of 
their choice. If a claimant objected to appearing by video and also 
objected to appearing by audio, we would schedule that claimant to 
appear in person, unless we need to schedule the claimant to appear by 
audio in one of the limited circumstances discussed below and set forth 
in our proposed rule.

(2) We Could Balance Our Hearings More Efficiently Among Hearing 
Offices

    As is discussed above, before the COVID-19 national public health 
emergency, we generally scheduled claimants to appear at hearings in 
person or by VTC in one of our facilities, using our equipment. With 
these proposed changes, we expect to schedule proportionally fewer in-
person appearances and more appearances by audio and video than we did 
before the national public health emergency.
    Claimants may appear by audio and video when they are located 
anywhere within the United States or its territories, rather than just 
when they are located within a hearing office's service area. 
Therefore, we could schedule audio and video appearances with any 
hearing office in the country. We expect that this added flexibility, 
which would allow us to schedule hearings for claimants with ALJs 
outside of the hearing office's service area, would help reduce overall 
wait and processing times across the country and

[[Page 32148]]

reduce the wait and processing time disparities that exist from region 
to region and office to office. Specifically, we could transfer cases 
where the claimant does not object to appearing by video or audio from 
offices or regions with larger caseloads to offices or regions with 
smaller caseloads, to help balance our processing times. To provide 
some perspective, in fiscal year 2021, under our temporary emergency 
procedures that permitted audio and video appearances, we transferred 
16.6 percent of new hearing requests to different hearing offices, 
which resulted in faster dispositions and reduced wait time for 
claimants.\21\ Similarly, in fiscal year 2022, we transferred 17.0 
percent of new hearing requests to different hearing offices.\22\
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    \21\ In fiscal year 2021, we received 383,650 cases at the 
hearing level, and we transferred 63,702 cases to different offices 
to help balance workloads. See Table 1, ``Fiscal Year 2021, Summary 
of Permanent Transfer Cases for Workload Assistance'' and Table 3, 
``Fiscal Year 2021, Caseload Analysis Report,'' in the Manner of 
Appearance Notice of Proposed Rulemaking Supporting Data Document, 
available at https://www.regulations.gov as a supporting document 
for Docket SSA-2022-0013. Additionally, our average case processing 
time decreased from 506 days in fiscal year 2019, which was before 
the COVID-19 national public health emergency, to 326 days in fiscal 
year 2021. See Table 6, ``Average Processing Time,'' available at 
https://www.regulations.gov as a supporting document for Docket SSA-
2022-0013.
    \22\ In fiscal year 2022, we received 349,892 cases at the 
hearing level, and we transferred 59,418 cases to different offices 
to help balance workloads. See Table 2, ``Fiscal Year 2022, Summary 
of Permanent Transfer Cases for Workload Assistance'' and Table 4, 
``Fiscal Year 2022, Caseload Analysis Report,'' in the Manner of 
Appearance Notice of Proposed Rulemaking Supporting Data Document, 
available at https://www.regulations.gov as a supporting document 
for Docket SSA-2022-0013. Additionally, our average case processing 
time decreased from 506 days in fiscal year 2019, which was before 
the COVID-19 national public health emergency, to 333 days in fiscal 
year 2022. See Table 6, ``Average Processing Time,'' available at 
https://www.regulations.gov as a supporting document for Docket SSA-
2022-0013.
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    We also note that, under the proposed changes, we would not have to 
secure a physical space for most audio and video appearances, which 
would simplify the scheduling process. We currently have a fixed number 
of hearing rooms, which we must coordinate the scheduling of among our 
ALJs and claimants. Under this proposed rule, we would not need to 
secure a physical space for many audio and video appearances because 
the claimants would generally appear from private locations of their 
choice, and ALJs would generally conduct hearings from a private 
location.

(3) We Would Be Prepared for Future Emergency Events That Could Require 
Temporary Suspension of In-Person or VTC Hearings

    The COVID-19 national public health emergency and our experience 
with more localized emergencies, such as hurricanes, tornadoes, and 
floods, have shown that we must be prepared for unexpected 
circumstances. This proposed regulation would allow us to continue 
conducting hearings remotely--by audio or video--if we need to close 
any of our facilities to the public due to an emergency circumstance. 
That flexibility would limit disruptions to our hearing processes that 
might otherwise occur.

Objection to Manner of Appearance

    Our current regulations allow claimants to object to appearing by 
VTC within 30 days after they receive the notice that we may schedule 
them to appear by VTC (20 CFR 404.936(d) and 416.1436(d)). If they 
object within that 30-day period, and their residence does not change 
while the request for hearing is pending, we set the hearing for a time 
and place at which the claimant may appear before the ALJ in 
person.\23\
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    \23\ 20 CFR 404.936(d) and 416.1436(d).
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    As we do in our current VTC policy, we propose to allow claimants 
to object to appearing by audio, video, or both within 30 days after 
they receive a notice from us informing them that we may schedule them 
to appear by audio or video. Though this proposal mirrors our current 
VTC policy, it is different from the temporary process we adopted 
during the COVID-19 national public health emergency. Under that 
temporary process, we required that a claimant consent to appear at a 
hearing by online video or telephone. We adopted that process in 
response to the unique exigencies that existed during the COVID-19 
national public health emergency.
    Under this proposal, claimants could object to appearing at a 
hearing by video, audio, or both. If a claimant objected to appearing 
by video and also objected to appearing by audio, we would schedule 
that claimant to appear at a hearing in person. However, in certain 
limited circumstances discussed below, we would mandate an audio 
appearance.\24\
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    \24\ See proposed 20 CFR 404.936(c)(2) and (3), 404.937, 
416.1436(c)(2) and (3), and 416.1437 for the very limited 
circumstances when we could mandate an audio appearance.
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    In our notice to claimants, we would include information about the 
possible manners of appearance so claimants would be able to make 
informed decisions about whether to object to appearing by video, 
audio, or both. We would also provide information about objecting to an 
appearance by video, audio, or both. For example, we would inform 
claimants that there are three types of ``video'' appearances: (1) 
appearing by online video with non-agency supplied electronic devices 
and internet connection, (2) appearing by online video in a hearing 
office with agency-supplied electronic devices and internet connection, 
and (3) appearing by traditional VTC. For the first appearance type, 
claimants participate by video over the internet using a third-party 
application from any private location they prefer within the United 
States or its territories if they have a compatible device, such as a 
computer, tablet, or smartphone, and internet connection. For the 
second appearance type, claimants participate by video over the 
internet using a third-party application from one of our hearing 
offices using our devices and internet connection. For the third 
appearance type, claimants participate in a traditional VTC hearing 
from a hearing office, a field office, or an appointed representative's 
office, if a claimant is represented, using our proprietary software 
approved for use on our video equipment.
    We would explain in our notice that a claimant would have the 
ability to object to each of these ways of appearing by video. Our 
notice would also explain what a claimant would need in order to appear 
in each manner, as applicable. For example, our notice would explain 
that to appear by online video, a claimant would need to have access 
to: (1) a desktop computer, laptop computer, tablet, or phone with a 
camera, microphone, and speakers; (2) a secure internet connection; (3) 
email; and (4) a quiet, private location.
    Importantly, we propose to keep the current regulatory provisions 
for evaluating good cause for late submission of an objection, though 
those provisions would apply to both audio and video appearances.\25\ 
Thus, if, after the deadline for submitting objections, a claimant 
objected to appearing by video, audio, or both, the ALJ would evaluate 
whether good cause existed for the late objection. Examples of good 
cause would include circumstances where the claimant disagrees with the 
terms of service for a third-party application or lacks the resources 
to appear by video.
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    \25\ See proposed 20 CFR 404.936(d)(2) and 416.1436(d)(2).
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    We considered proposing a requirement that claimants specifically

[[Page 32149]]

consent to appear by video or audio before we would schedule one of 
those manners of appearance. However, our experience during the COVID-
19 national public health emergency indicates that it would be 
problematic to adopt that type of requirement. Under our temporary 
COVID-19 business process, we required claimants to consent before we 
would schedule them to appear by telephone or online video. To obtain 
the claimant's consent, we contacted them or their appointed 
representative by telephone, or we mailed an informational notice and 
agreement form. However, we were unable to reach or did not receive 
completed forms from approximately 30 percent of claimants.\26\ If a 
claimant did not consent to appear by telephone or online video, we had 
to delay scheduling a hearing until our offices reopened to the public 
and we resumed conducting in-person and VTC hearings. Because we did 
not know when we would be able to reopen our offices, we had to delay 
scheduling many hearings for an indefinite period. That circumstance 
caused delays in our hearing process. We expect that when a future 
emergency situation arises, whether nationally or locally, a 
requirement for claimant consent would similarly hinder our ability to 
ensure necessary continuity of service. Moreover, even absent an 
emergency, our experience over many years has been that it is often 
difficult to receive timely responses from some claimants when we ask 
them to contact us. Under our proposed rule, which would provide a set 
timeframe within which claimants could opt out of appearing by video, 
audio, or both, we anticipate we would be better able to limit the 
number of cases that we need to hold while waiting for claimants to 
take action. Moreover, as we discussed previously, we would also 
consider a good cause exception if a claimant submitted a late 
objection to appearing by audio, video, or both.
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    \26\ See ``Percentage of Nonresponses,'' in the Manner of 
Appearance Notice of Proposed Rulemaking Supporting Data Document 
available at www.regulations.gov as a supporting document for Docket 
SSA-2022-0013.
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When We Would Require Audio Appearances

    Under our current regulations, we require a claimant to appear at a 
hearing by telephone only in certain limited circumstances. Those 
circumstances exist when: (1) we find an appearance by VTC or in person 
is not possible; \27\ (2) other extraordinary circumstances prevent the 
claimant from appearing by VTC or in person; \28\ (3) the claimant is 
incarcerated and VTC is not available, unless we find that facts in the 
case provide a good reason to schedule an appearance in person, if 
allowed, or by VTC or in person upon the claimant's release; \29\ or 
(4) when we have banned the claimant from any of our facilities.\30\ 
Additionally, under our current regulations, we may schedule a claimant 
to appear by VTC or telephone when the Hearing Office Chief 
Administrative Law Judge (HOCALJ) determines that the claimant poses a 
reasonable threat to the safety of our employees or other participants 
in the hearing.\31\ Historically, we have seldom required a claimant to 
appear at a hearing by telephone. When we do require a claimant to 
appear by telephone, because of the special circumstances that exist, 
we do not accept objections to that manner of appearance. We propose to 
keep all these current regulatory provisions, except that we would 
replace the word ``telephone'' with ``audio,'' and we would replace 
``VTC'' with video. For audio appearances over the internet, we would 
call a claimant's telephone number. We would also specify that when the 
HOCALJ determines that a claimant poses a reasonable threat to the 
safety of our employees or other participants in the hearing, the 
HOCALJ will require the claimant to appear by audio.
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    \27\ 20 CFR 404.936(c)(2) and 416.1436(c)(2).
    \28\ Id.
    \29\ 20 CFR 404.936(c)(3) and 416.1436(c)(3).
    \30\ 20 CFR 404.937(c) and 416.1437(c).
    \31\ 20 CFR 404.937(b)(2) and 416.1437(b)(2).
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Table 1: Manners of Appearance Available

    The table below compares the manner of appearance options that were 
available before the COVID-19 national public health emergency, those 
that were available during the COVID-19 national public health 
emergency, and what would be available under our proposed regulations. 
It also notes whether a claimant may object to a manner of appearance 
or must consent to a manner of appearance.

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                                      Available before the      Available during the    Would be available under
      Manner of  appearance        COVID-19  national public     COVID-19  national           our  proposed
                                        health emergency       public health emergency         regulations
----------------------------------------------------------------------------------------------------------------
In-person........................  Yes (claimant cannot       Postponed from March      Yes (claimant cannot
                                    object).                   2020 through March        object).
                                                               2022, when we began
                                                               incrementally reopening
                                                               our hearing offices to
                                                               the public. (claimant
                                                               cannot object).
VTC..............................  Yes (claimant can object)  Postponed from March      Yes (under video option)
                                                               2020 through March        (claimant can object).
                                                               2022, when we began
                                                               incrementally reopening
                                                               our hearing offices to
                                                               the public. (claimant
                                                               can object).
Online video.....................  No.......................  Available as of December  Yes (under video option)
                                                               2020 (claimant must       (claimant can object).
                                                               consent before we will
                                                               schedule that manner of
                                                               appearance).
Audio (formerly ``telephone'')...  Yes, but only in very      Available as of March     Yes (claimant can
                                    limited circumstances.     2020 (claimant must       object, unless we
                                    (claimant cannot object    consent before we will    require the claimant to
                                    when required).            schedule that manner of   appear by audio,
                                                               appearance, but we will   (called via telephone
                                                               require a claimant to     number) in very limited
                                                               appear by telephone in    circumstances).
                                                               very limited
                                                               circumstances).
----------------------------------------------------------------------------------------------------------------


[[Page 32150]]

Rulemaking Analyses and Notices

    We will consider all comments we receive on or before the close of 
business on the comment closing date indicated above. The comments will 
be available for examination in the rulemaking docket for these rules 
at the above address. We will file comments received after the comment 
closing date in the docket and may consider those comments to the 
extent practicable. However, we will not respond specifically to 
untimely comments. We may publish a final rule at any time after close 
of the comment period.

Clarity of This Rule

    Executive Order 12866, as supplemented by Executive Orders 13563 
and 14094, requires each agency to write all rules in plain language. 
In addition to your substantive comments on this proposed rule, we 
invite your comments on how to make the rule easier to understand.
    For example:
     Would more, but shorter, sections be better?
     Are the requirements in the rule clearly stated?
     Have we organized the material to suit your needs?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format make the rule easier to 
understand, e.g., grouping and ordering of sections, use of headings, 
paragraphing?

When will we start to use this rule?

    We will not use this rule unless we publish a final rule in the 
Federal Register after evaluating the public comments. All final rules 
we issue include an effective date. We will continue to use our current 
rules until that date. If we publish a final rule, we will include a 
summary of those relevant comments we received along with responses and 
an explanation of how we will apply the new rule.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Orders 13563 and 
14094

    We consulted with the Office of Management and Budget (OMB) and 
determined that this rule does not meet the criteria for a significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Orders 13563 and 14094. Therefore, OMB did not review it.

Anticipated Costs/Transfers to Our Program

    The Office of the Chief Actuary estimates that there will be no 
significant changes in allowance rates for disability cases under the 
Old-Age, Survivors, and Disability Insurance (OASDI) and Federal SSI 
programs due to implementation of the proposed regulation. The primary 
effects from implementing this proposed rule would be small cash flow 
effects due to conducting hearings and issuing decisions more timely. 
These changes would therefore be expected to result in negligible 
effects on scheduled OASDI benefit payments and Federal SSI payments 
over the period from fiscal year 2023 through fiscal year 2033.

Anticipated Administrative Cost/Savings

    The Office of Budget, Finance, and Management estimates net 
administrative savings of less than 15 work years and $2 million 
annually. We anticipate a small savings for lower administrative law 
judge, claimant, and representative travel costs, offset some by 
slightly higher costs for an increase in forms returned to us by 
claimants.

Anticipated Qualitative Benefits

    We expect that the flexibility provided by this proposal would 
benefit claimants and our agency in several ways. First, except when 
claimants object, we would be able to continue scheduling claimants to 
appear at hearings remotely, by video or audio. Our experience, as well 
as that of claimants, during the COVID-19 national public health 
emergency showed that remote appearances are acceptable and beneficial 
to our hearing process. If claimants do not object, and we schedule 
them to appear by video or audio, they may not incur inconveniences and 
could save on costs associated with transportation (e.g., gas, 
maintenance of vehicle, bus fare), and they may save time that they 
would otherwise have spent traveling. Likewise, they may not need to 
secure a replacement caregiver if they supervise family members or 
others, such as children, who cannot be left alone. In addition, if 
claimants have difficulty leaving the house because of limited mobility 
or other reasons, a video or audio appearance would allow them to 
appear from a private location of their choice, such as their home.
    This proposal would also allow us to balance our workloads more 
efficiently among hearing offices because we could more easily transfer 
cases where the claimant would be scheduled to appear by video or audio 
from one hearing office to another. We expect that this proposal would 
help us to reduce overall wait and processing times across the country 
and reduce the disparities that exist from region to region and office 
to office.
    Finally, the changes proposed in these rules would allow us to be 
prepared for future emergency events, including localized events such 
as hurricanes, tornadoes, and floods, and national public health 
emergencies similar to COVID-19 that could require us to temporarily 
suspend in-person or VTC hearings.

Executive Order 13132 (Federalism)

    We analyzed this proposed rule in accordance with the principles 
and criteria established by Executive Order 13132 and determined that 
the proposed rule will not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. We also determined 
that this proposed rule will not preempt any State law or State 
regulation or affect the States' abilities to discharge traditional 
State governmental functions.

Regulatory Flexibility Act

    We certify that this proposed rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, a regulatory flexibility analysis 
is not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act (PRA)

    SSA already has existing OMB PRA-approved information collection 
tools relating to this proposed rule under OMB Control No. 0960-0671 
which include: Form HA-504, Acknowledgement of Receipt (Notice of 
Hearing); Form HA-L83, Acknowledgement of Receipt (Notice of Hearing) 
Cover Letter; Form HA-55, Objection to Appearing by Video 
Teleconferencing; Form HA-L2, Objection to Appearing by Video 
Teleconferencing Cover Letter (HA-L2); and Forms HA-510 and HA-510-OP1, 
Waiver of Written Notice of Hearing.
    The proposed rules would require revisions to Form HA-55, Objection 
to Appearing by Video Teleconferencing and the accompanying HA-L2, 
Objection to Appearing by Video Teleconferencing Cover Letter. Due to 
the proposed rules, we expect to revise the HA-L2 to remove the 
discussion of the manners of appearance, and we intend to create a new 
notice to address those in accordance with any final rules. The new 
notice would briefly explain audio and video appearances and all the

[[Page 32151]]

modalities encompassed by audio only and video hearings. Similarly, we 
expect to revise Form HA-55 to provide the option to object to each of 
the modalities encompassed by audio and video appearances. We will also 
eliminate the COVID-19 Remote Hearing Options notice and the 
accompanying COVID-19 Remote Hearing Agreement form.
    We will obtain OMB approval for these new modalities and revisions 
to OMB Clearance Package 0960-0671 concurrently with these final rules. 
The chart below shows the revised burden estimates, to be effective 
when we finalize the rule:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Average
                                                                                       Average burden                     theoretical      Total annual
              Modality of completion                   Number of       Frequency of     per response     Total annual     hourly cost      opportunity
                                                      respondents        response        (minutes)      burden (hours)       amount       cost (dollars)
                                                                                                                          (dollars) *           **
--------------------------------------------------------------------------------------------------------------------------------------------------------
HA-504\+\ HA-504-OP1 HA-504-OP2...................          900,000                1               30          450,000         * $12.81    ** $5,764,500
HA-L83--404.936(e); 416.1436(e)...................          900,000                1               30          450,000          * 12.81     ** 5,764,500
HA-L83--Good cause for missing deadline--                     5,000                1                5              417          * 12.81         ** 5,342
 404.936(e)(1); 416.1436(e)(1)....................
HA-L83--Objection stating issues in notice are               45,000                1                5            3,750          * 12.81        ** 48,038
 incorrect--sent 5 days prior to hearing; 404.939;
 416.1439.........................................
HA-L2--Acknowledgement Letter.....................          500,000                1                5           41,667          * 12.81       ** 533,754
New notice and HA-55--404.936; 404.938; 416.1436;           500,000                1                5           41,667          * 12.81       ** 533,754
 416.1438.........................................
HA-L2--Verification of New Residence--                       45,000                1                5            3,750          * 12.81        ** 48,038
 404.936(c)(1); 416.1436(d)(1)....................
New Notice: Notification of objection to                     13,500                1               10            2,250          * 12.81        ** 28,823
 telephone, video teleconference, or online video
 more than 30-days after receipt of notice showing
 good cause; 404.936(c)(2); 416.1436(d)(2)........
HA-510; HA-510-OP1--404.938(a); 416.1438(a).......            4,000                1                2              133         ** 12.81         ** 1,704
                                                   -----------------------------------------------------------------------------------------------------
    Totals........................................        2,912,500  ...............  ...............          993,634  ...............    ** 12,728,453
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based this figure on the average DI payments based on SSA's current FY 2022 data (https://www.ssa.gov/legislation/2023factsheet.pdf).
** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
  these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
  respondents to complete the application.

    SSA submitted an Information Collection Request for clearance to 
OMB. We are soliciting comments on the burden estimates above; the need 
for the information; its practical utility; ways to enhance its 
quality, utility, and clarity; and ways to minimize the burden on 
respondents, including the use of automated techniques or other forms 
of information technology. If you would like to submit comments, please 
send them to the following locations:

Office of Management and Budget, Attn: Desk Officer for SSA, Fax 
Number: 202-395-6974, Email address: [email protected]
Social Security Administration, OLCA, Attn: Reports Clearance Director, 
3100 West High Rise, 6401 Security Blvd., Baltimore, MD 21235, Fax: 
410-966-2830, Email address: [email protected]

    You can submit comments until July 18, 2023, which is 60 days after 
the publication of this document. However, your comments will be most 
useful if you send them to SSA by June 20, 2023, which is 30 days after 
publication. To receive a copy of the OMB clearance package, contact 
the SSA Reports Clearance Officer using any of the above contact 
methods. We prefer to receive comments by email or fax.

List of Subjects

20 CFR Part 404

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Individuals with disabilities, Social security.

20 CFR Part 416

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Social security, Supplemental Security Income (SSI).

    The Acting Commissioner of Social Security, Kilolo Kijakazi, Ph.D., 
M.S.W., having reviewed and approved this document, is delegating the 
authority to electronically sign this document to Faye I. Lipsky, who 
is the primary Federal Register Liaison for SSA, for purposes of 
publication in the Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.

    For the reasons set out in the preamble, we propose to amend 20 CFR 
chapter III, parts 404, subpart J, and 416, subpart N, as set forth 
below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- )

Subpart J--Determinations, Administrative Review Process, and 
Reopening of Determinations and Decisions

0
1. The authority citation for subpart J of part 404 continues to read 
as follows:


[[Page 32152]]


    Authority:  Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j), 
221, 223(i), 225, and 702(a)(5) of the Social Security Act (42 
U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i), 
425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 
U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 
Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118 
Stat. 509 (42 U.S.C. 902 note).

0
2. In Sec.  404.929, revise the fourth sentence to read as follows:


Sec.  404.929  Hearing before an administrative law judge-general.

    * * * We will schedule you to appear by audio, video, or in person 
as set forth in Sec.  404.936. * * *
0
3. In Sec.  404.936, revise paragraphs (b) through (d) to read as 
follows:


Sec.  404.936  Time and place for a hearing before an administrative 
law judge.

* * * * *
    (b) Where we hold hearings. We hold hearings in the 50 States, the 
District of Columbia, American Samoa, Guam, the Northern Mariana 
Islands, the Commonwealth of Puerto Rico, and the United States Virgin 
Islands. The ``place'' of the hearing is the hearing office or other 
site(s) at which you and any other parties to the hearing are located 
when you make your appearance(s) before the administrative law judge by 
audio, video, or in person. A party to a hearing may only appear from 
the geographic areas, noted in this subsection, in which we hold 
hearings.
    (c) Determining manner of hearing to schedule. We will schedule you 
or any other party to the hearing to appear by audio, video, or in 
person.
    (1) When we determine your manner of appearance at the hearing, we 
consider the following factors:
    (i) Which manner of appearance would be the most efficient for 
conducting the hearing; and
    (ii) Any facts in your particular case that provide a good reason 
to schedule your appearance by audio, video, or in person.
    (2) Subject to paragraph (c)(3) of this section, we will schedule 
you or any other party to the hearing to appear by audio when we cannot 
schedule you to appear by video and extraordinary circumstances prevent 
you from appearing in person.
    (3) If you are incarcerated and a video appearance is not 
available, we will schedule you to appear by audio, unless we find that 
there are facts in your particular case that provide a good reason to 
schedule you to appear in person, if allowed by the place of 
confinement, or by video or in person upon your release.
    (4) We will generally direct any person we call as a witness, other 
than you or any other party to the hearing, including a medical expert 
or a vocational expert, to appear by audio or by video. Witnesses you 
call will appear at the hearing pursuant to Sec.  404.950(e). If they 
are unable to appear with you in the same manner as you, we will 
generally direct them to appear by video or by audio. We will consider 
directing witnesses to appear in person only when:
    (i) A witness is unable to appear by audio or video;
    (ii) We determine that an audio or video appearance would be less 
efficient than conducting the appearance in person; or
    (iii) We find that there are facts in your particular case that 
provide a good reason to schedule this individual's appearance in 
person.
    (5) We follow the procedures set forth in Sec.  404.937 to ensure 
the safety of the public and our employees in our hearing process.
    (d) Objecting to appearing by audio, video, or both. Prior to 
scheduling your hearing, we will notify you that we may schedule you to 
appear by audio or video. If you object to appearing by audio, video, 
or both, you must notify us in writing within 30 days after the date 
you receive the notice. If you only object to appearing by audio, we 
may schedule you to appear by video. Similarly, if you only object to 
appearing by video, we may schedule you to appear by audio. If you 
object to appearing by both audio and video, and your residence does 
not change while your request for hearing is pending, we will set your 
hearing for a time and place at which you may make your appearance 
before the administrative law judge in person.
    (1) Notwithstanding any objections you may have to appearing by 
audio, if you object to appearing by both audio and video and you 
change your residence while your request for hearing is pending, we may 
determine how you will appear, including by audio, as provided in 
paragraph (c) of this section. For us to consider your change of 
residence when we schedule your hearing, you must submit evidence 
verifying your new residence. For audio appearances under this 
subsection, we will call you or any other party to the hearing using 
your or their telephone number(s).
    (2) If you notify us that you object to appearing by audio, video, 
or both, more than 30 days after the date you receive our notice, we 
will extend the time period if you show you had good cause for missing 
the deadline. To determine whether good cause exists for extending the 
deadline, we use the standards explained in Sec.  404.911. Examples of 
good cause include circumstances when you disagree with the terms of 
service for a third-party application or lack the resources to appear 
by video.
    (3) Notwithstanding any objections you may have to appearing by 
audio, we will schedule you or any other party to the hearing to appear 
by audio in the circumstances provided in paragraphs (c)(2) and (3) of 
this section and in Sec.  404.937(b)(2)(ii) and (c). For audio 
appearances under this subsection, we will call you or any other party 
to the hearing using your or their telephone number(s).
* * * * *
0
4. In Sec.  404.937, revise paragraphs (b)(2)(ii) and (c), and add 
paragraph (e) to read as follows:


Sec.  404.937  Protecting the safety of the public and our employees in 
our hearing process.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Require that the hearing be conducted by audio, 
notwithstanding any objection to appearing by audio.
    (c) If we have banned a claimant from any of our facilities, we 
will provide the claimant with the opportunity for a hearing that will 
be conducted by audio, notwithstanding any objection to appearing by 
audio.
* * * * *
    (e) For audio appearances under this section, we will call you or 
any other party to the hearing using your or their telephone number(s).
* * * * *
0
5. In Sec.  404.944, revise the second sentence to read as follows:


Sec.  404.944  Administrative law judge hearing procedures-general.

    * * * At the hearing, the administrative law judge looks fully into 
the issues, questions you and the other witnesses, and, subject to the 
provisions of Sec.  404.935, accepts as evidence any documents that are 
material to the issues; may stop the hearing temporarily and continue 
it at a later date if the administrative law judge finds that there is 
material evidence missing at the hearing or one or more variables 
outside of our control, such as audio quality or video quality, 
materially affects the hearing; and may reopen the hearing at any time 
before the administrative law judge mails a notice of the decision in 
order to receive new and material evidence. * * *
0
6. In Sec.  404.976, revise paragraph (c) to read as follows:

[[Page 32153]]

Sec.  404.976  Procedures before the Appeals Council.

* * * * *
    (c) Oral argument. You may request to appear before the Appeals 
Council to present oral argument in support of your request for review. 
The Appeals Council will grant your request if it decides that your 
case raises an important question of law or policy or that oral 
argument would help to reach a proper decision. If your request to 
appear is granted, the Appeals Council will tell you the time and place 
of the oral argument at least 10 business days before the scheduled 
date. The Appeals Council will determine whether your appearance will 
be by audio, video, or in person, as set forth in Sec.  404.936. The 
Appeals Council will determine whether any other person relevant to the 
proceeding will appear by audio, video, or in person as set forth in 
Sec.  404.936(c)(4).

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart N--Determinations, Administrative Review Process, and 
Reopening of Determinations and Decisions

0
7. The authority citation for subpart N of part 416 continues to read 
as follows:

    Authority:  Secs. 702(a)(5), 1631, and 1633 of the Social 
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. 
L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

0
8. In Sec.  416.1429, revise the fourth sentence to read as follows:


Sec.  416.1429  Hearing before an administrative law judge-general.

    * * * We will schedule you to appear by audio, video, or in person 
as set forth in Sec.  416.1436. * * *
0
9. In Sec.  416.1436, revise paragraphs (b) through (d) to read as 
follows:


Sec.  416.1436  Time and place for a hearing before an administrative 
law judge.

* * * * *
    (b) Where we hold hearings. We hold hearings in the 50 States, the 
District of Columbia, American Samoa, Guam, the Northern Mariana 
Islands, the Commonwealth of Puerto Rico, and the United States Virgin 
Islands. The ``place'' of the hearing is the hearing office or other 
site(s) at which you and any other parties to the hearing are located 
when you make your appearance(s) before the administrative law judge by 
audio, video, or in person. A party to a hearing may only appear from 
the geographic areas, noted in this subsection, in which we hold 
hearings.
    (c) Determining manner of hearing to schedule. We will schedule you 
or any other party to the hearing to appear by audio, video, or in 
person.
    (1) When we determine your manner of appearance at the hearing, we 
consider the following factors:
    (i) Which manner of appearance would be the most efficient for 
conducting the hearing; and
    (ii) Any facts in your particular case that provide a good reason 
to schedule your appearance by audio, video, or in person.
    (2) Subject to paragraph (c)(3) of this section, we will schedule 
you or any other party to the hearing to appear by audio when we cannot 
schedule you to appear by video and extraordinary circumstances prevent 
you from appearing in person.
    (3) If you are incarcerated and a video appearance is not 
available, we will schedule you to appear by audio, unless we find that 
there are facts in your particular case that provide a good reason to 
schedule you to appear in person, if allowed by the place of 
confinement, or by video or in person upon your release.
    (4) We will generally direct any person we call as a witness, other 
than you or any other party to the hearing, including a medical expert 
or a vocational expert, to appear by audio or by video. Witnesses you 
call will appear at the hearing pursuant to Sec.  416.1450(e). If they 
are unable to appear with you in the same manner as you, we will 
generally direct them to appear by video or by audio. We will consider 
directing witnesses to appear in person only when:
    (i) A witness is unable to appear by audio or video;
    (ii) We determine that an audio or video appearance would be less 
efficient than conducting the appearance in person; or
    (iii) We find that there are facts in your particular case that 
provide a good reason to schedule this individual's appearance in 
person.
    (5) We follow the procedures set forth in Sec.  416.1437 to ensure 
the safety of the public and our employees in our hearing process.
    (d) Objecting to appearing by audio, video, or both. Prior to 
scheduling your hearing, we will notify you that we may schedule you to 
appear by audio or video. If you object to appearing by audio, video, 
or both, you must notify us in writing within 30 days after the date 
you receive the notice. If you only object to appearing by audio, we 
may schedule you to appear by video. Similarly, if you only object to 
appearing by video, we may schedule you to appear by audio. If you 
object to appearing by both audio and video, and your residence does 
not change while your request for hearing is pending, we will set your 
hearing for a time and place at which you may make your appearance 
before the administrative law judge in person.
    (1) Notwithstanding any objections you may have to appearing by 
audio, if you object to appearing by both audio and video and you 
change your residence while your request for hearing is pending, we may 
determine how you will appear, including by audio, as provided in 
paragraph (c) of this section. For us to consider your change of 
residence when we schedule your hearing, you must submit evidence 
verifying your new residence. For audio appearances under this 
subsection, we will call you or any other party to the hearing using 
your or their telephone number(s).
    (2) If you notify us that you object to appearing by audio, video, 
or both, more than 30 days after the date you receive our notice, we 
will extend the time period if you show you had good cause for missing 
the deadline. To determine whether good cause exists for extending the 
deadline, we use the standards explained in Sec.  416.1411. Examples of 
good cause include circumstances when you disagree with the terms of 
service for a third-party application or lack the resources to appear 
by video.
    (3) Notwithstanding any objections you may have to appearing by 
audio, we will schedule you or any other party to the hearing to appear 
by audio in the circumstances provided in paragraphs (c)(2) and (3) of 
this section and in Sec.  416.1437(b)(2)(ii) and (c). For audio 
appearances under this subsection, we will call you or any other party 
to the hearing using your or their telephone number(s).
* * * * *
0
10. In Sec.  416.1437, revise paragraphs (b)(2)(ii) and (c), and add 
paragraph (e) to read as follows:


Sec.  416.1437  Protecting the safety of the public and our employees 
in our hearing process.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Require that the hearing be conducted by audio, 
notwithstanding any objection to appearing by audio.
    (c) If we have banned a claimant from any of our facilities, we 
will provide the claimant with the opportunity for a hearing that will 
be conducted by audio, notwithstanding any objection to appearing by 
audio.
* * * * *
    (e) For audio appearances under this section, we will call you or 
any other

[[Page 32154]]

party to the hearing using your or their telephone number(s).
0
11. In Sec.  416.1444, revise the second sentence of to read as 
follows:


Sec.  416.1444  Administrative law judge hearing procedures-general.

    * * * At the hearing, the administrative law judge looks fully into 
the issues, questions you and the other witnesses, and, subject to the 
provisions of Sec.  416.1435, accepts as evidence any documents that 
are material to the issues; may stop the hearing temporarily and 
continue it at a later date if the administrative law judge finds that 
there is material evidence missing at the hearing or one or more 
variables outside of our control, such as audio quality or video 
quality, materially affects the hearing; and may reopen the hearing at 
any time before the administrative law judge mails a notice of the 
decision in order to receive new and material evidence. * * *
0
12. In Sec.  416.1476, revise paragraph (c) to read as follows:


Sec.  416.1476  Procedures before the Appeals Council.

* * * * *
    (c) Oral argument. You may request to appear before the Appeals 
Council to present oral argument in support of your request for review. 
The Appeals Council will grant your request if it decides that your 
case raises an important question of law or policy or that oral 
argument would help to reach a proper decision. If your request to 
appear is granted, the Appeals Council will tell you the time and place 
of the oral argument at least 10 business days before the scheduled 
date. The Appeals Council will determine whether your appearance will 
be by audio, video, or in person as set forth in Sec.  416.1436. The 
Appeals Council will determine whether any other person relevant to the 
proceeding will appear by audio, video, or in person as set forth in 
Sec.  416.1436(c)(4).

[FR Doc. 2023-10564 Filed 5-18-23; 8:45 am]
BILLING CODE 4191-02-P