If a DHO conducts a hearing by telephone, he or she 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. See B. below for beneficiaries (or recipients) who are deaf or hard of hearing.
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:
appoint a representative,
review the record prior to the hearing,