Feb 27, 2017

Missing A Crucial Page

     We've had several reports from North Carolina attorneys of Administrative Law Judge decisions arriving in attorney offices that lack their final page and the final page is crucial because it contains the decisional paragraph which says what the actual decision is. This is affecting decisions from multiple hearing offices. I suspect this could be a national problem since the printing of decisions has been centralized. I hope that the field offices and payment centers that effectuate these decisions are receiving the entire decision.

14 comments:

Anonymous said...

What about the exhibit list?

It seems odd that the last page of the decision would be missing, yet the exhibit list be provided as the exhibit list generally follows the signature and final finding of the ALJ page.

Anonymous said...

I have received incomplete decisions on a few cases. But then I would get another version mailed from the printing center with the full decicion. Then I would get a copy mailed from the local ODAR as well. I received four decisions on one case - only one was incomplete. It causes a lot of confusion for the claimants who have no idea why the judge is telling them over and over again that they have been denied.

We your incomplete cases missing the signature page, the list of exhibits, or both?

Anonymous said...

Clearly this is all Judge Garmon's fault.

Anonymous said...

Judge Garmon and the Management Team.

@12:11 - The way you speak about Judge Garmon intimates you are perfectly fine with the Agency corruption he has engaged? After all, the evidence of its existence has been revealed on this blog, and other sources, in triplicate. There is no denying the corruption doesn't exist. Evidence notwithstanding, you mean to tell me you are perfectly fine with this level of corruption in the Agency and the immense cost to taxpayers his corruption alone is responsible? Oh please, get off your delusional high horse!

Dan Smith said...

The pages are missing on the decision on the e-file as well?

Anonymous said...

No, SA 27, from my perspective, Judge Garmon and ODAR's Atlanta Region are a relatively tiny part of the SSA universe. It just amuses me that you assume that every comment section here is an opportunity for you to rehearse your sad, sad story yet again. Honestly, the first 100 or so times I read it I was mildly sympathetic. I'm to the point now where I want to buy Judge Garmon a beer and thank him for firing you.

Anonymous said...

@4:44

Disability fraud is a relatively tiny part of the SSA universe, yet it is treated as far more egregious and pervasive than the denial of due process Judge Garmon is well known for.

<---Not SA 27.

Anonymous said...

@4:44 Aww I think it is kind of cute and it is good to know there are some constants in the universe. Cause and effect...taxes and death...if Chuck posts on any topic then he will repeat his story about SSA management, with the freshness and vigor to make you think he is telling it for the first time if you did not know better.

Anonymous said...

@4:44

The Atlanta Region, Region IV, encompasses the entire southeastern US, which is a very huge area of the country. Garmon served as ROCALJ in Region IV for several years. During this time, he engaged in a SYSTEMIC PATTERN/PRACTICE OF DISCRIMINATION, HARASSMENT, CREATION OF A HOSTILE WORK ENVIRONMENT, FREQUENT ENGAGEMENT IN PPP's, REFUSED TO ADHERE TO MERIT SYSTEM PRINCIPLES, AND ENLISTED OTHER EMPLOYEES AND SUBORDINATE MANAGERS TO CARRY OUT HIS MISDEEDS. Numerous career SSA/ODAR employees were targeted for no reason and lives destroyed. This is not, and has never been, exclusively about me, SA-27.

I have not repeated my specific story in a long time. However, I do respond to snide remarks, Garmon enablers, and to what I see is a SYSTEMIC PATTERN OF ADMINISTRATIVE CORRUPTION in SSA/ ODAR, which Garmon is but one of numerous examples.

Who do you think is responsible for failed management policies which created the massive backlog? These same top officials also adamantly refuse to accept they created this monster. Who do you think is behind the punitive management policies of late, e.g.,, denial of telework to ALJ's who do not schedule 50 hearings a month, along with threats of Reprimands and Suspensions for same? Similar threats are being employed against the decision writers and other components, as well.

The very top officials responsible could not do/meet any of these unreasonable goals if their life depended on it. Many are not even Attorneys. Yet, these individuals are frequently writing and issuing policy concerning adjudication of hearings when they have no background whatsoever in the adjudication and holding of hearings. Why so many of you are quick to defend the individuals responsible for creating this mess, defies all reasonable explanation.

In my comments, I am trying to highlight and bring attention to what I believe are egregious wrongs taking place at the highest levels in the Agency and pointing to those who are responsible. This is not about my case, or specific facts pertaining to my case. Rather, it is about a SYSTEMIC PATTERN OF ABUSE AND ADMINISTRATIVE CORRUPTION I have become keenly aware after 27+ years.

Anonymous said...

I've gotten two in Arkansas this week.

Anonymous said...

My guess is that it is a lead generation source for reps. Once the word gets around it will change to something different.

Anonymous said...

I have seen a different issue with Denial Decisions. On "paper-case" files (there are still some) ODAR sometimes provides a proper exhibit list prior to the hearing. On other occasions the Exhibits are hand numbered, copied and provided to me. If the case is denied the Exhibit List states something like: Section A--No Exhibits, Section B--No Exhibits...etc. There is a HALLEX Section that mandates a complete Exhibit List for Denial Decisions. The Section states that failure to attach a proper Exhibit List is a denial of Due Process because the claimant does not know what evidence was used to deny the case. I have several cases at the Appeals Council with this problem.

Anonymous said...

Fortunately, I have not seen a decision with the last page missing sent from the Jackson, Mississippi ODAR.




Anonymous said...

I can confirm this was an issue at the local office I worked for in California (though we were a nationwide practice) as a NAR. Hundreds of cases that had this problem. My boss set me to contacting the regional commissioner and regional director offices about the widespread lack of final decision pages AND the lack of appended exhibits. I called their direct numbers and sent them correspondence -- essentially a legal brief more than a courtesy notice and said our next step was going to be Fed court if necessary unless they fixed this.

I received a direct call and noticed that the problem almost immediately stopped for our clients. We even received reissued decisions -- even for cases we had already appealed on those grounds. But many of our competitors continued to experience the problem, unfortunately.

My overall point: don't go to the very top and don't go to the natural starting point. Go find the middle management who have just enough power to fix the problem and just enough anxiety to want to avoid any hassles, problems, or losing face.

It may not work so much these days but it definitely worked between 2013-2015.