Effective Dates: 11/25/2024 - Present Previous | Next

Last Update: 11/25/2024 (Transmittal I-2-260)

HA 01210.072 Interpreters — Claimant who is Deaf or Hard of Hearing

Renumbered from HALLEX section I-2-1-72

A. General

Individuals with disabilities are entitled to accommodations to ensure meaningful access to the agency's programs and activities, and effective communication with the agency. The Center for Compliance Management (CCM) in the Office of Civil Rights and Equal Opportunity (OCREO) ensures compliance with Section 504 of the Rehabilitation Act, as amended, and has the delegated authority to deny accommodation requests and grant non-standard accommodation requests from members of the public. See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01205.008. See also Program Operations Manual Systems (POMS) GN 00211.001.

If hearing office (HO) staff become aware of an individual's existing accommodation or pending request for accommodation, or observes the claimant has an obvious need for accommodation, HO staff should contact the claimant or their representative before the hearing is scheduled to identify an effective method(s) of communication for the claimant. HO staff should offer the list of standard accommodations for individuals who are deaf or hard of hearing. If the individual declines these options and requests a non-standard accommodation, HO staff should follow the decision tree available in HALLEX HA 01205.008. See also HALLEX HA 01210.090.

NOTE 1: 

If any person other than the claimant requests real-time reporting or a qualified sign language interpreter during the hearing, refer to HALLEX HA 01205.008. See also POMS GN 00211.001.

NOTE 2: 

The HO holding the hearing bears the cost of any accommodation. Cost is not a relevant factor in determining whether to provide an accommodation. The cost or difficulty in obtaining or scheduling an accommodation in a particular HO is generally not an appropriate basis to transfer a case to a different HO. CCM is a resource to provide components with suggestions on effective communication options for specific circumstances. Components may direct their concerns about undue burdens (including cost, delay, staff resources) to CCM and/or the Office of the General Counsel (OGC).

B. Sign Language Interpreter

If the individual indicates to HO staff that sign language interpretation is needed, HO staff will contact the claimant or claimant's appointed representative to inquire whether the claimant is able to effectively communicate using American Sign Language, or if the claimant needs another type of sign language. See POMS GN 00211.001.

When scheduling a sign language interpreter, an ALJ must use an individual who is qualified to provide such services. Generally, an individual is qualified to act as a sign language interpreter if:

  • •

    They are certified by the National Registry of Interpreters for the Deaf; or

  • •

    They are certified by a state registry of interpreters; or

  • •

    Their name appears on a list of qualified interpreters compiled by the National Association of the Deaf or any state association of the Deaf.

To find a qualified American Sign Language interpreter, HO staff can use the Multi-Language Gateway at http://eis.ba.ssa.gov/nes/ or the micro-purchasing (Ad Hoc) procedures.

NOTE 1: 

If a claimant alleges their disability requires them to use the interpretation services of an interpreter with a personal connection to the claimant, such as a family member who comes to the hearing with the claimant, the request is non-standard and may be directed to CCM for consideration.

NOTE 2: 

Employees of the Social Security Administration or another Federal agency are considered qualified interpreters if they are able to simultaneously and accurately express and receive in sign language, and they are available to interpret at a hearing. For additional information on qualified interpreters, see POMS GN 00203.012.

NOTE 3: 

For audio appearances using a telephone, if the claimant or the claimant's appointed representative indicates that the claimant prefers to use an American Sign Language (ASL) interpreter on the day of the hearing, the claimant may connect to the hearing via the Video Relay Service (VRS), which allows communication with an ASL interpreter using video conferencing equipment. The Social Security Administration (SSA) does not provide a video connection to the claimant or HO staff for this service. The claimant will connect with an ASL interpreter who provides interpretation on behalf of the claimant for the hearing through the telephone. The agency will not provide hardware, software, internet access, or any other technical items that claimants may require to use this service.

C. Real-time Reporting

Real-time reporting is a type of speech-to-text transcription using a reporter or stenographer, a stenography machine, a computer, and real-time software. With minimal delay, real-time reporting transcribes oral communications in written form. Real-time reporting includes both real-time court reporting and Communication Access Real-time Translation (CART).

NOTE 1: 

HO staff will use the micro-purchasing (Ad Hoc) procedures for obtaining court reporters and CART services.

NOTE 2: 

HO staff should offer individuals who are deaf or hard of hearing the list of standard accommodations, and if the individual states none would be effective, then a request for non-standard accommodation such as real time reporting should be reviewed consistent with HALLEX HA 01205.008. See also POMS GN 00211.001.

NOTE 3: 

For audio appearances using a telephone, if the claimant or the claimant's appointed representative indicates that the claimant needs speech to text or another form of Telecommunications Relay Services (TRS), the claimant can join the hearing by their TRS of choice. TRS provides several options for communication assistance, depending on the needs of the claimant, including Text-to-Voice TTY-based TRS, Voice Carry Over, Hearing Carry Over, Speech-to-Speech Relay Service, Shared Non-English Language Relay Services, Captioned Telephone Service, IP Captioned Telephone Service, and Internet Protocol Relay Service. The agency will not provide hardware, software, internet access, or any other technical items that claimants may require to use this service.

If real-time reporting is selected, the ALJ will ensure real-time reporting is available for the entirety of the hearing. If real-time reporting does not provide an accurate transcription or is otherwise ineffective, as observed by the individual or the ALJ, then the ALJ must seek another way to communicate with the claimant. CCM may be consulted for further guidance. See POMS GN 00211.001.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501210072
HA 01210.072 - Interpreters — Claimant who is Deaf or Hard of Hearing (I-2-1-72) - 11/25/2024
Batch run: 04/20/2025
Rev:11/25/2024