OHO management, through designated staff, may schedule a claimant to appear by online video only if the claimant agrees to appear in that manner. See 20 CFR 404.936(c) and 416.1436(c). To agree to appear by online video, the claimant must notify us in writing within 30 days after receiving the Notice of Ways to Attend a Hearing. See 20 CFR 404.936(e) and 416.1436(e).

In evaluating the timeliness of an agreement to appear by online video, OHO management, will follow the guidance in HALLEX HA 01205.080.

If a claimant timely agrees to appear by online video, OHO management, through designated staff, may schedule the claimant to appear by online video. The submission of a timely agreement to appear by online video will generally be considered a fact that provides a good reason to schedule the claimant to appear in that manner. Accordingly, if the claimant agrees to appear by online video, OHO management, through designated staff, will generally schedule the claimant to appear by online video unless doing so would cause delay or there is a good reason to schedule the claimant to appear by another available manner of appearance. See 20 CFR 404.936(c)(1) and 416.1436(c)(1) for factors to consider when determining the manner of appearance.

If the claimant submits an agreement to appear by online video after the 30-day timeframe, the ALJ will evaluate whether the claimant has good cause for the late submission. In evaluating good cause, the ALJ will use the standards set forth in 20 CFR 404.911 and 416.1411. See 20 CFR 404.936(e) and 416.1436(e).

The claimant may withdraw their agreement to appear by online video at any time before the start of the hearing. See 20 CFR 404.936(e) and 416.1436(e). If the claimant withdraws their agreement, OHO management, through designated staff, will schedule the claimant to appear by one of the other available manners of appearance. See HALLEX HA 01230.015 for the Notice of Hearing requirements.