Contractors acting, as non-DDS or DHU employee facilitators shall take due precaution
to ensure that the confidentiality of the beneficiary or recipient’s information,
presented as part of the VTC hearing, is not breached. Disclosure of such information
may only be made pursuant to the Social Security Administration’s privacy regulation
at 20 CFR Part 401.90. Contractors who access, use, or disclose the data provided
improperly (i.e. not to perform their official job duties) may be subject to civil
and criminal sanctions under the Privacy Act and other applicable Federal statutes
and regulations.
NOTE: It is inappropriate for a DHO to consider a facilitator’s observations unless the
facilitator advises the beneficiary or recipient of the facilitator's observations
and gives the beneficiary (or recpient) an opportunity to respond.
For example, the facilitator may advise the DHO that they observed the beneficiary
or recipient walking and moving about without any apparent limitation prior to the
hearing. Then, during the hearing, the facilitator observes the beneficiary or recipient
exhibiting or relating a marked limitation in their ability to move freely about.
However, the DHO may not consider the facilitator's statement in making their determination
unless the beneficiary or recipient has an opportunity to respond to the facilitator's
statement and both statements are added to the record.