Last updated 2026-07-10
TL;DR
Yes. Social Security must let you appear in person at your ALJ hearing if you ask for it. Object to video in writing before your scheduled hearing, no later than five business days out, under 20 CFR 404.936. SSA has to honor that objection unless it would cause significant hardship, and even then it must offer a workable alternative like a satellite location.
What is the default hearing format SSA uses now?
Video is the default. Since the COVID-19 pandemic, the Social Security Administration moved ALJ hearings heavily toward video teleconference. In 2020 and 2021, almost every hearing happened by phone or video. Through 2023 and into 2025, SSA kept video as the standard for most hearings while reopening its offices for in-person appearances.
When SSA schedules your hearing, the notice will say it's set for video. That notice is not the final word. It's a proposal. You have the right to object, and SSA is required by regulation to respond.
SSA's own POMS (Program Operations Manual System) and the Code of Federal Regulations at 20 CFR 404.936 lay out the process. The short version: video is the default, in-person is your right if you ask for it correctly and on time. [1][2]
Do you have a legal right to an in-person ALJ hearing?
Yes. 20 CFR 404.936 gives you the right to appear in person before an ALJ. The regulation permits video appearances too, but SSA cannot push you onto video over your written objection. Object in writing and on time, and SSA must either schedule an in-person hearing or explain specifically why it cannot. [1]
There's one narrow exception. SSA can decline an in-person request if granting it would cause significant hardship to you, the agency, or the hearing process. In practice the agency almost always accommodates the request. The harder cases involve a remote area where the covering hearing office sits far away or runs a long backlog, and even then SSA has to make a reasonable effort.
The Social Security Act does not use the word "video" anywhere. The move to video came through regulation, which means it can be undone through regulatory objection. That's exactly what 20 CFR 404.936 lets you do. Your right to a full and fair hearing, what SSA calls its due process obligation, includes the right to be physically present. Courts have backed claimants who appealed video-only decisions they never agreed to. [1][3][10]
How do you request an in-person hearing instead of video?
Put your objection in writing before the deadline. That's the whole trick. When SSA sends a hearing notice with a video date, it includes a response form (often Form HA-55, or language right in the notice) and a cutoff date.
Here's the step-by-step:
1. Write a letter or complete Form HA-55 stating clearly that you object to appearing by video and request an in-person hearing. 2. Include your name, your Social Security number, and your hearing office. 3. Send it to the hearing office that issued the notice. The address is on the notice. Use certified mail or hand-deliver it so you have proof. 4. Keep a copy of everything.
You don't have to give a reason. You are entitled to in-person, full stop. Some claimants mention trouble with technology, hearing impairments, or a representative's preference, but the regulation does not require you to justify anything. [1]
If you have a disability attorney or advocate, they can file the objection for you, and most experienced representatives do this as routine. Handling your own case? If you want help organizing your hearing file before you reach this point, DisabilityFiled's guided intake tool helps you pull together what you'll need.
What is the deadline to object to a video hearing?
You have until five business days before the scheduled hearing date. Under 20 CFR 404.936, you must object to the format as soon as possible and no later than that five-business-day mark. [1]
Five business days sounds like plenty. It isn't. Notices arrive slowly, representatives get busy, and people assume they have more time than they do. Missing the deadline does not automatically kill your right, but it hands the ALJ discretion to run the video hearing anyway because you didn't object in time.
Miss it for a reason outside your control, like a late notice or a hospital stay? Document that reason and raise it immediately. SSA can accept late objections in some situations. Don't count on it.
Safest move: the day your hearing notice arrives, check the format. If it says video and you want in-person, file your written objection that same week. Do not wait.
What happens after SSA receives your objection?
The hearing office has to respond. Once SSA gets your written objection, the ALJ or the office staff will either reschedule the hearing as in-person or contact you to talk through options.
If they can't do in-person at the same location, SSA may offer a different site, including a satellite hearing office. Live in a rural area where the nearest office is hundreds of miles off? SSA runs traveling ALJs and satellite locations, though those carry their own scheduling delays. [2]
SSA cannot simply ignore your objection. To deny it, the ALJ has to issue a written ruling explaining why the request is declined and what alternatives exist. That ruling becomes part of your record, and if the denial was improper, part of a later appeal.
Here's the honest tradeoff. Granting your request almost always pushes your hearing date back. Hearing offices are backlogged. In fiscal year 2023, average processing time from hearing request to ALJ decision ran well over 600 days at many offices. [4] Switching to in-person can add weeks or months. If your video setup works fine and the wait is already crushing you, some claimants choose video rather than stall longer.
What are the pros and cons of in-person versus video hearings?
Neither format wins automatically. The right choice depends on your situation.
| Factor | In-Person | Video |
|---|---|---|
| Your presence and demeanor | ALJ sees you directly | Camera angle limits what ALJ sees |
| Technology barriers | None | Requires working device, connection |
| Travel burden | Can be significant | None |
| Wait time | Often longer after request | Faster (already scheduled) |
| Evidence presentation | Physical documents easy | Must upload or mail in advance |
| Attorney coordination | Attorney physically present | Attorney may appear separately |
| ALJ familiarity with your case | Same either way | Same either way |
Some disability attorneys argue in-person gives claimants a modest edge: the ALJ can't glance away, a claimant's physical signs of pain or limitation show up without camera compression, and the testimony feels more formal. Others say experienced ALJs treat both formats the same and the numbers don't clearly favor one. There is no published SSA study comparing approval rates by format as of mid-2025. [9]
If technology gives you real trouble, if your condition shows visible symptoms a camera would flatten, or if your attorney pushes for in-person, the delay is probably worth it. If the wait is already draining you financially and your internet holds up, video may be the practical call. [3]
Can SSA deny your in-person request?
Technically yes, but it's rare and the bar is high. 20 CFR 404.936 lets SSA decline an in-person request only when it would cause significant hardship. That phrase isn't well-defined, and SSA has read it narrowly. [1]
The usual pushback scenario: you're in a very remote area with no nearby hearing office and the next in-person slot is many months out. Even then, SSA is supposed to offer alternatives instead of a flat no.
Deny your request without a real explanation, and that's a procedural problem you can raise on appeal. If the ALJ ran a video hearing over your written objection and then issued an unfavorable decision, that error can support a request for review by the Appeals Council on the grounds that you were denied a full and fair hearing.
Document everything. If you objected in writing and SSA ignored it, keep that letter. It matters.
Does your attorney or representative need to be in the same room as you?
Not necessarily. At in-person hearings, your attorney sits with you at the hearing office. At video hearings, attorney and claimant sometimes appear from different places, though plenty of attorneys prefer to be beside their client.
Going with video and your attorney is in another state, or appearing by phone? Confirm the logistics well ahead. The hearing office can usually let your representative join the video session from their office while you appear from home or another spot.
Requesting in-person and your attorney can't travel to your hearing office? Talk through the options early. Some attorneys will travel; some will appear by video even when you're there in person. The regulations allow mixed formats in limited situations, but pin down the details with the hearing office directly.
For people without a representative, in-person is often easier. You can hand documents straight to the ALJ, and you're not juggling video software while trying to testify clearly about your condition. [3]
What if you already agreed to video and want to change it?
You can still switch. If you earlier said you'd appear by video, you can object and ask for in-person, as long as you do it before the five-business-day deadline. [1]
Send a new written notice to the hearing office stating plainly that you're withdrawing your prior agreement to video and now request an in-person hearing. Reference your case number and the scheduled hearing date. Explain that circumstances changed if you want, but again, you're not required to justify it.
The hearing office will respond. If the hearing date is close, the switch may bring a postponement. Be ready for that.
Changing your mind is allowed. SSA's regulations don't penalize you for it. What they require is that you act before that five-day cutoff.
How do SSA hearing backlogs affect your choice?
The backlog shapes this decision more than anything else. As of early 2025, SSA's Office of Hearings Operations reported pending hearing cases in the hundreds of thousands. [4] Average wait time from hearing request to decision has run well over a year at many offices.
If requesting in-person adds three to six months, that's months of living without benefits, assuming you're not already receiving payments. For someone in a financial hole, the faster video hearing may be the more rational choice even when in-person is theoretically better.
Got disability benefits or another income source in the meantime, or a stable, well-documented medical situation? Then the delay from an in-person request may be worth it. Ask your representative what the realistic wait looks like at your specific hearing office. Wait times swing hard by office and region.
SSA publishes hearing office data and pending case counts on its website. You can also call your hearing office and ask what the current average scheduling time is for in-person versus video at their location. [4][5]
Tips for getting the most out of whichever format you choose
Once you've picked in-person or video, preparation matters more than format. Here's what moves the needle at ALJ hearings no matter how you appear.
First, get your medical record complete and submitted at least five business days before the hearing. The ALJ reads the file before walking in. Miss key records, and they may not be considered even if your testimony is strong. [6]
Second, know what the Listings say about your condition. SSA's Blue Book (the Listing of Impairments) spells out the medical criteria that qualify automatically. If your condition meets a Listing, format barely matters, because the medical evidence should carry the case. SSA updates these criteria regularly, so check the current version. [7]
Third, build your testimony around specific functional limitations, more than diagnoses. ALJs want to know what you can't do, more than what you've been diagnosed with. How far can you walk? How long can you sit? How many good days versus bad days per week?
Fourth, doing video with shaky technology? Do a test run beforehand. SSA often has tech support and will sometimes offer a test session. A dropped connection mid-testimony is avoidable.
Want help pulling your medical records, work history, and functional limitations into one organized summary before your hearing? DisabilityFiled's guided intake walks you through that step by step, which helps when you're preparing to appear before an ALJ and want your evidence in order. You can also read the social security disability overview to see where the ALJ hearing sits in the full process.
What does the regulation actually say?
The governing regulation is 20 CFR 404.936, titled "Time and place for a hearing before an administrative law judge." It provides, in part: "An ALJ may decide to change the time or place of your hearing." The regulation goes on to require reasonable notice of any change and to preserve your right to object to appearing by video and request an in-person appearance, which SSA must honor unless there's a specific documented reason it cannot. [1]
For SSI cases, the parallel regulation is 20 CFR 416.1436, which mirrors the SSDI rule. The process is the same on either track. [8]
SSA's internal guidance on how office staff handle in-person requests lives in the POMS. Those entries tell staff that written objections to video must be logged, escalated to the ALJ, and answered in writing. The POMS is public on ssa.gov. [2]
The rules boil down to three things: your objection must be in writing, it must arrive before the five-business-day cutoff, and SSA must respond. Those three are your rights under the current regulations.
Frequently asked questions
What form do I use to request an in-person ALJ hearing instead of video?
SSA provides Form HA-55 for this in some regions, but you don't have to use a specific form. A written letter stating your name, Social Security number, hearing office, your objection to video, and your request for in-person is enough. Send it to the address on your hearing notice and keep a copy. 20 CFR 404.936 requires only that the objection be in writing and timely.
How many days before my hearing do I have to submit a request for in-person?
No later than five business days before the scheduled hearing date, under 20 CFR 404.936. Earlier is better. The moment your hearing notice arrives and says video, file the objection instead of waiting. Missing the five-day window doesn't void your right, but it gives the ALJ discretion to run the video hearing over your objection.
Can SSA force me to appear by video if I object in writing?
Generally no. SSA must honor a timely written objection to video under 20 CFR 404.936. The only exception is a documented showing that in-person would cause significant hardship, which is rare in practice. If SSA ignores your written objection and holds a video hearing anyway, that procedural error can be raised before the Appeals Council and in federal court if needed.
Will requesting an in-person hearing delay my case?
Almost certainly, at least a little. Video hearings schedule faster because they don't need a physical room, a traveling ALJ, or coordinated office space. At many hearing offices, switching from video to in-person adds weeks or months. How much depends on your office's backlog. Ask the hearing office for current scheduling timelines before you decide.
Does choosing in-person versus video affect my chances of being approved?
There is no published SSA study comparing approval rates by hearing format as of mid-2025. Some disability attorneys believe in-person helps because the ALJ sees the claimant's physical condition directly. Others say experienced ALJs treat both formats equally. The quality of your medical evidence and how clearly your testimony describes your functional limitations matters far more than whether the ALJ sees you on a screen or in a room.
What if I agreed to video earlier but now want to switch to in-person?
You can change your mind. Send a written notice to the hearing office before the five-business-day deadline, stating that you withdraw your prior agreement to video and now request in-person. Reference your case number. SSA will respond. This will likely mean a new hearing date since the video session may be cancelled. There's no penalty for switching as long as you act before the deadline.
Can my attorney appear in person even if I appear by video, or vice versa?
Mixed formats are possible but need advance coordination with the hearing office. If you appear in person and your attorney appears by video, or the reverse, confirm the logistics with the office well before the hearing. There's no hard rule against mixed appearances, but not all offices handle them the same way, and the ALJ has some discretion over how the session runs.
Is the in-person request process different for SSI versus SSDI?
The process is basically identical. SSDI cases fall under 20 CFR 404.936 and SSI cases under 20 CFR 416.1436. Both give you the same right to object in writing to video and request in-person, and both use the same five-business-day deadline. With a combined SSDI and SSI claim, one objection letter covering both will usually work, but confirm with your hearing office.
What if I live far from the nearest SSA hearing office?
Distance alone is not a reason to deny your in-person request. SSA runs satellite hearing locations and uses traveling ALJs for remote areas. The agency must make a reasonable effort to accommodate you even when the primary office is far off. If SSA argues distance makes in-person impractical, ask what satellite locations exist and what the estimated wait would be at each.
Can a vocational expert appear differently than me at the hearing?
Yes. Vocational experts and medical experts often appear by phone or video even at in-person hearings. This is standard and has been for years. Their testimony is part of the record no matter how they appear. If you're in person, you'll still hear and respond to the vocational expert's testimony whether the expert is in the room or on a call.
What if my hearing was held by video without my consent and I lost?
If you never got proper notice that the hearing would be by video, or you filed a timely written objection that SSA ignored, that's a procedural due process issue. Raise it in your Request for Review before the Appeals Council, citing 20 CFR 404.936 and the specific facts. If the Appeals Council denies review, the same argument can go to federal district court. Document your objection and keep all correspondence.
Does SSA offer technical help for claimants who struggle with video hearings?
Yes. Hearing offices usually have staff who can help you test your connection before the hearing date, and some offer dedicated test sessions. If you lack a device or reliable internet, SSA may arrange for you to use equipment at a local Social Security field office. Ask the hearing office what accommodations are available. Severe technology barriers are also grounds to request in-person.
How long does a typical ALJ hearing last, in-person or video?
Most ALJ hearings run 45 minutes to an hour, though complex cases go longer. Format doesn't change the length much. The ALJ reads the file before the session, so the hearing focuses on your testimony, any witness questions, and the vocational or medical expert's input. Prepare as if you have an hour, with clear answers about your daily activities and functional limits.
Sources
- SSA, Code of Federal Regulations, 20 CFR 404.936: Claimants have the right to appear in person at ALJ hearings; written objections to video must be filed no later than five business days before the scheduled hearing
- SSA, Program Operations Manual System (POMS), ssa.gov: POMS guidance governs hearing office handling of in-person requests and written objections to video, requiring objections to be logged, escalated, and answered in writing
- SSA Office of Hearings Operations, Appeals Process, ssa.gov: SSA describes the ALJ hearing process including claimant rights to appear, present evidence, and question witnesses
- SSA, Office of Hearings Operations Statistical Information, ssa.gov: Average processing time from hearing request to ALJ decision exceeded 600 days at many offices in fiscal year 2023; pending hearing cases numbered in the hundreds of thousands
- SSA Office of Retirement and Disability Policy, policy data, ssa.gov: SSA publishes hearing office pending case counts and average disposition times
- SSA, Hearings, Appeals and Litigation Law Manual (HALLEX), ssa.gov: ALJ hearing evidence generally must be submitted at least five business days before the scheduled hearing to be included in the record
- SSA, Disability Evaluation Under Social Security (Blue Book), ssa.gov: The Listing of Impairments (Blue Book) specifies medical criteria that qualify claimants for disability at the ALJ level
- SSA, Code of Federal Regulations, 20 CFR 416.1436 (SSI parallel regulation): SSI claimants have the same right to request in-person hearings under 20 CFR 416.1436, mirroring the SSDI rule at 20 CFR 404.936
- Government Accountability Office, SSA disability hearings reports, gao.gov: GAO documented SSA's shift to video hearings during the pandemic and noted concerns about equity of access and claimant experience with the video format
- SSA, Social Security Act (compilation), ssa.gov: The Social Security Act guarantees the right to a hearing and opportunity to be heard; SSA's due process obligations underpin the claimant's right to appear in person