Last Update: 1/21/2020 (Transmittal I-2-234)
HA 01250.071 Field Office Employee as a Witness
Renumbered from HALLEX section I-2-5-71
When an administrative law judge (ALJ) determines the testimony of
a particular field office (FO) employee is necessary (e.g., to resolve
conflicting statements in the file), the ALJ will prepare a written
memorandum to the Social Security Administration's Regional Commissioner
(RC) of the appropriate region, requesting the employee's appearance. See
Program Operations Manual System (POMS) GN 03103.160B.4.
The memorandum will provide pertinent information, including the
reason for the request; the place (if applicable), date, and time of
the hearing; and the method by which the employee will testify.
The ALJ will provide the memorandum to the Hearing Office Chief
Administrative Law Judge (HOCALJ). If the HOCALJ agrees with the
request, the HOCALJ will forward the memorandum to the Regional Chief
Administrative Law Judge (RCALJ). If the RCALJ concurs with the request,
the RCALJ will then forward the memorandum to the RC. If the RC concurs
with the request, the RC will:
•
forward the memorandum to the FO;
•
send a copy of the memorandum to the claimant and
representative, if any; and
•
include a copy in the E section of the claim(s) file. If
the claim(s) file is paper, hearing office staff will place a copy of
the memorandum in the E section of the claim(s) file on behalf of the
RC.
The preferred method for sending the request throughout the process
is by email. If the memorandum is sent by another method, the original
and one copy will be provided.
After receiving HOCALJ and RCALJ
concurrence, an ALJ may only send the request directly to the FO
manager in an emergency and with the RC's prior approval. See POMS GN 03103.160B.4.
In such instances, the ALJ will send a copy of the memorandum to the
claimant and representative, if any, and include a copy in the E section
of the claim(s) file.
To facilitate the FO employee's testimony and minimize their time
out of the office, the Office of Hearing Operations, through designated
staff, will, to the extent practical, permit the FO employee to testify
via audio, agency video, or online video.