Nicolas R. Foster at a glance
- Current role
- Administrative Law Judge
- Court
- SSA Office of Hearings Operations, Richmond
- Jurisdiction
- Virginia · Federal
- Judicial service
- Active
Nicolas R. Foster
Administrative Law Judge · SSA Office of Hearings Operations, Richmond
Available research
Courtroom rules and guidance
Hearing Mode Selection
An SSA hearing may be held in person, by private-location telephone audio, by agency video at an SSA office, or by online video from a private location; online video requires agreement, while the notice explains how to object to audio or agency video.
Your hearing with an administrative law judge (ALJ) can take place in one of four ways:Ways to Attend Your Social Security Hearing Before a Judge ↗
Online Video Arrival And Setup
For an online video hearing, test Microsoft Teams in advance, join at least 15 minutes early, use a quiet private location, and turn on the camera and microphone after joining.
It is recommended you open this link at least 15 minutes before your hearing start time.SSA Online Video Hearings ↗
Online Video Chat Visibility
Microsoft Teams chat can be used to alert the judge to an unresolved technical problem, but every chat message is visible to all hearing participants.
However, please note that any messages in the chat will be viewable by all participants in the hearing.SSA Online Video Hearings ↗
Five Business Day Evidence Rule
Inform SSA about or submit written evidence at least five business days before the scheduled hearing; later evidence may be declined unless the circumstances in 20 CFR 404.935(b) or 416.1435(b) apply.
Generally, if a claimant informs the Social Security Administration (SSA) about or submits evidence less than five business days before the date of the scheduled hearing, at, or after the hearing, the ALJ may decline to obtain or consider the evidence, unless the circumstances in 20 CFR 404.935(b) and 416.1435(b) apply.HALLEX I-2-6-59 - Admitting Evidence Submitted Less Than Five Business Days Before the Hearing or At or After the Hearing ↗
Proposed Exhibit Objections
Before testimony, the ALJ asks whether the claimant or representative examined the proposed exhibits, invites objections to admission, and rules on those objections.
Before taking any testimony, the ALJ will make the proposed exhibits a part of the record by:HALLEX I-2-6-58 - Admitting Evidence Submitted At Least Five Business Days Before the Hearing ↗
Hearing Sequence
SSA ALJ hearings generally proceed through an introduction, opening statement, oath or affirmation, evidence, oral testimony, written or oral argument, and a closing statement.
To accomplish this goal, ALJ hearings generally follow the same format, as follows:HALLEX I-2-6-1 - Hearings, General ↗
Hearing Recording
SSA makes the official verbatim audio record. Photographs, screenshots, and video recording are prohibited; a claimant seeking a private recording must request permission under HALLEX I-2-6-52.D.
However, no individual is permitted to take photographs or screenshots or use video recording devices during a hearing.HALLEX I-2-6-40 - Record of the Hearing ↗
Testimony Under Oath
Testimony is generally taken under oath or affirmation on the record, unless the ALJ finds an important reason not to administer one.
Generally, an administrative law judge (ALJ) will take all testimony provided at the hearing under oath or affirmation, unless the ALJ finds that there is an important reason not to.HALLEX I-2-6-54 - Oaths and Affirmations ↗
Limited English Interpreter
When testimony from a claimant or witness with limited English proficiency is needed, the ALJ ensures an interpreter is available for the oath and testimony.
If an ALJ determines that the testimony of a claimant or witness with limited proficiency in English is needed to inquire fully into the issues, the ALJ will ensure that an interpreter is available when administering the oath to and taking testimony from the claimant or witness.HALLEX I-2-6-54 - Oaths and Affirmations ↗
Questioning Witnesses
A claimant or representative generally may question a witness after the ALJ's initial questioning, subject to the ALJ's control over timing and limits on repetitive, cumulative, intimidating, harassing, or embarrassing questioning.
The ALJ will usually provide a claimant or representative the opportunity to question a witness after the ALJ completes his or her initial questioning of the witness.HALLEX I-2-6-60 - Testimony of Claimants and Witnesses ↗
Sources
Federal Judicial Center biography
Identity source · HTML · checked July 29, 2026
https://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.htmlWays to Attend Your Social Security Hearing Before a Judge
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/appeals/hearing_options.htmlSSA Online Video Hearings
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/appeals/hearing_video.htmlHALLEX I-2-6-59 - Admitting Evidence Submitted Less Than Five Business Days Before the Hearing or At or After the Hearing
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-59.htmlHALLEX I-2-6-58 - Admitting Evidence Submitted At Least Five Business Days Before the Hearing
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-58.htmlHALLEX I-2-6-1 - Hearings, General
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-1.htmlHALLEX I-2-6-40 - Record of the Hearing
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-40.htmlHALLEX I-2-6-54 - Oaths and Affirmations
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-54.htmlHALLEX I-2-6-60 - Testimony of Claimants and Witnesses
Judge research source · HTML · checked July 30, 2026
https://www.ssa.gov/OP_Home/hallex/I-02/I-2-6-60.html