Extraordinary circumstances are generally limited to incarceration, institutionalization, natural disasters, pandemics, or very unusual circumstances directly related to a beneficiary's (or recipient's) impairments. A beneficiary (or recipient) generally does not have an opportunity to object to appearing by telephone. The beneficiary (or recipient) may object as noted in B. below or when specified in emergency instructions directly related to the extraordinary circumstance. Under these situations, if the beneficiary (or recipient) does not agree to appear by telephone, we will delay scheduling or will postpone the hearing until we can offer another option. In that circumstance, follow local procedures, as applicable, or the DHO may contact Disability Adjudication (DA) for guidance about how to best proceed.

If a DHO conducts a hearing by telephone, they must ensure that all hearing participants, including, as applicable, the beneficiary (or recipient), an appointed representative, an interpreter, and witnesses, can participate in the hearing appropriately. See DI 23040.001 DDS: Interpreters for Individuals with Limited English Proficiency (LEP) or Individuals Requiring Language Assistance. For beneficiaries (or recipients) who are deaf or hard of hearing see subsection B. in this section.

Hearings conducted by telephone must follow the same format as traditional, in-person hearings. The initial continuing disability review cessation notice informs the individual of procedural rights for the hearing. The beneficiary (or recipient) has the right to:

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  appoint a representative;

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  review the record prior to the hearing;

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  submit additional evidence and request assistance with obtaining additional evidence;

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  present witnesses; and

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  question any witnesses.

If the beneficiary or recipient does not agree to appear by telephone, we will delay scheduling or will postpone the hearing until we can offer another option. In that circumstance, follow local procedures, as applicable, or the DHO may contact DA for guidance about how to best proceed.

If the beneficiary (or recipient) agrees to a telephone hearing, appropriate staff must document such agreement in the claim file and the DHO must confirm the beneficiary's (or recipient's) agreement to appear by telephone at the beginning of the hearing.

The DHO must also follow the procedures outlined below based on the choice of interpreter service: