5.6.2 Telephone Hearings

Telephone hearings are now the norm and have their pros and cons relative to in-person hearings. Your client has the right to request an in-person hearing, but such a request is likely to be denied given the agency’s tight budget and resistance to making exceptions. Support any request for an in-person hearing with evidence of a compelling reason. Moreover, missed ALJ hearings easily happen with telephone hearings. Your client can ask for rehearing, but the time to do so is shorter than the appeal period. If appealing, you can also ask for a remand for a new hearing.