When a claimant has limited proficiency in English, an administrative law judge (ALJ) will request that hearing office (HO) staff arrange for a qualified interpreter to assist the claimant and the ALJ at the hearing. See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01260.010. The Social Security Administration (SSA) will provide an interpreter free of charge when a claimant requests an interpreter, or when an interpreter is needed to ensure that a claimant is not disadvantaged.

An ALJ will not test the claimant's English fluency to determine whether an interpreter is needed at the hearing, or decline to obtain an interpreter based on the ALJ's ability or inability to understand when a claimant with limited English proficiency speaks English.

While not exhaustive, any of the following may indicate the need for an interpreter at the hearing:

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  The claimant notes on the request for hearing that a foreign language interpreter is needed;

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  The claimant's appointed representative reports that the claimant has limited proficiency in English;

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  The field office indicates the need for a foreign language interpreter (noted in either eView, the Case Processing and Management System, or the Hearings and Appeals Case Processing System);

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  The claimant indicates on form SSA-3368 (Disability Report-Adult) or SSA-3820 (Disability Report-Child) that their ability to speak and understand English is limited;

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  The record or queries include reports of contact or other statements that suggest the claimant may need an interpreter; or

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  If it becomes clear to the ALJ or HO staff that a claimant or witness has difficulty understanding or communicating in English and such difficulty will affect the ALJ's ability to inquire fully into the issues at the hearing.

A qualified foreign language interpreter is an individual or vendor who:

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  Reads and demonstrates fluency in the English language;

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  Reads and demonstrates fluency in a specified foreign language;

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  Demonstrates familiarity with basic SSA terminology;

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  Agrees to comply with SSA's disclosure and confidentiality of information requirements;

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  Has no personal stake in the outcome of the case or other association with the case that would create a conflict of interest; and

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  Agrees to interpret the proceedings accurately and completely, including all questions and responses, and agrees not to assume or infer facts or dates, nor to change the original meaning of any questions or answers.