Evans v. Astrue, No. 4:08-cv-66 (E.D. Tenn., Jan. 15, 2010)

Harry S. Mattise, Jr, District Judge

The U.S. District Court of the Eastern District of Tennessee held, inter alia, that the claimant was not deprived due process when she was required to testify over the video as opposed to an in-person hearing. The claimant's representative made a verbal request for a "live hearing" prior the video hearing but failed to follow "the proper procedure."  The claimant's representative waived the objection to a video hearing when he did not submit the objections in writing prior to the hearing as he was instructed in the hearing notice. The court reviewed the hearing transcript, found no "significant problems" during the hearing and concluded that the claimant was afforded a full and fair hearing.