tag:blogger.com,1999:blog-19246708.post6240621190890102193..comments2024-03-29T08:44:53.158-04:00Comments on Social Security News: ACUS RecommendationsUnknownnoreply@blogger.comBlogger11125tag:blogger.com,1999:blog-19246708.post-43677601228009448132013-06-23T23:15:38.431-04:002013-06-23T23:15:38.431-04:00echoing 7:33.
I am a decision writer. One more t...echoing 7:33.<br /><br />I am a decision writer. One more than a few occasions I get told by the ALJ to "follow the rep brief". In a FF decision, this should almost be standard. However, my estimate is that at least 80% of the "briefs" we receive are cursory and conclusory with no real analysis. <br /><br />Our decisions must adhere to a (admittedly low) legal standard in order to be defensible in court. The formula isn't that hard. <br /><br />1) summarize the objective findings (both pro and con)<br /><br />2) list ALL the medical opinions (yes, even those that don't support your argument)<br /><br />3) give weight to those opinions<br /><br />I have yet to see a rep brief that does all three of those things. Many reps can list claimant allegations (not really important, but I see why they do it) and highlight a medical opinion that supports their case.<br /><br />However, true analysis only occurs when the opinion is assigned weight and the reason for that given weight is listed.<br /><br />I know that the ALJ's in my office read almost every brief. Most do a somewhat decent job of summarizing the case. However, it's the analysis that is missing. If you are going to write a brief, make it count.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-66360396211051810912013-06-22T07:33:29.040-04:002013-06-22T07:33:29.040-04:00fyi,
ALJs read briefs that are well written. I r...fyi,<br /><br />ALJs read briefs that are well written. I read and adopt language from good briefs when writing, just like all the appellate courts in this country do.<br /><br />But no, we don't read those one or two paragraph "briefs" that rattle off a gargantuan list of impairments (75 percent of which usually are obviously not severe or even extant), littered with glaring errors (because you got your staff to write them for you, didn't you?) and then conclude no regular/continuous work. Or possibly meets listing, with no citation to medical evidence showing specific criteria from the listing, of course.<br /><br />Start writing decent briefs--it isn't too hard. I wrote halfway decent briefs by my second summer of law school, I'm sure you reps can handle it. If you do, you might find your clients' decisions filled with your own words and coming to the very conclusions you did...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-45327853217113127442013-06-21T22:35:34.268-04:002013-06-21T22:35:34.268-04:00Charles, I was surprised that you had never heard ...Charles, I was surprised that you had never heard of Appeals Council Interpretations. Check out HALLEX II-5-0-1 et seq. <br />http://www.socialsecurity.gov/OP_Home/hallex/II-05/II-5-0-1.html<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-89664675249936030802013-06-21T10:21:03.494-04:002013-06-21T10:21:03.494-04:00@9:43
hyperbole much??
a brief review of the dis...@9:43<br /><br />hyperbole much??<br /><br />a brief review of the disposition data clearly indicates that of judges who've issued 100 or more decisions this FY, a total of THREE have pay rates lower than 15%. last I checked, that's less than a handful, no?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-16481591422189258932013-06-21T10:11:30.948-04:002013-06-21T10:11:30.948-04:00Why are reps so hell-bent on the "controlling...Why are reps so hell-bent on the "controlling weight" doctrine. <br /><br />I've written over 2000 decisions and I have yet to see it used once. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-38945850374150014042013-06-21T09:43:51.523-04:002013-06-21T09:43:51.523-04:00Wow, lots of animosity and misinformation about re...Wow, lots of animosity and misinformation about reps here. Yes, a prehearing brief can be useful to both the attorney preparing for the hearing and the ALJ to "cut to the chase" to focus on the relevant issues. However, as someone mentioned above, it is clear that many ALJs do not read them. Or other ALJs will stick to their scripts regardless of the direction the attorney provides in the brief ("can you button buttons or pick up coins from a desk?" in a psych case). But I will concede the prehearing brief requirement if someone could explain to me why ALJ pay rates across the country have significantly dropped. At the NOSSCR conference in DC last month, the head of ODAR said he could count on "one hand" the number of outlier ALJs paying 15% or less of their cases. The crowd groaned - I can count on one hand the number of ALJs who pay <15% just in my local ODAR. What is going on here? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-90622897129404011012013-06-21T08:51:31.154-04:002013-06-21T08:51:31.154-04:00Anon 8:29 -- that apparently is asking too much fo...Anon 8:29 -- that apparently is asking too much for people like Charles who know that no matter how little they do, they will still likely win 50% or more of their cases and will collect a nice fee.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-44712501453208211992013-06-21T08:29:03.735-04:002013-06-21T08:29:03.735-04:00How about you do it because you have clients best ...How about you do it because you have clients best interests in mind and don't wanna have any doubts you provided the best service possible, regardless of whether you think anyone reads it carefully or not. Asking too much?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-57225095504543145762013-06-21T08:02:49.564-04:002013-06-21T08:02:49.564-04:00How about, it would help expedite review of the fi...How about, it would help expedite review of the file? Or maybe, if the rep wants to allege a listing, wouldnt it be nice to always have a written brief with citations to the record AND the listing to argue why the listing is met? (as opposed to the current situation where most lazy reps just show up at the hearing, rattle off 30 different listings that the claimant allegedly meets with NO ability to cite to any specific exhibit in support)<br /><br />Promise me someone will read it more than five minutes before the hearing and I'll think about it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-83536656492408805302013-06-21T07:46:48.074-04:002013-06-21T07:46:48.074-04:00Here are more reasons:
Forces the rep (or at leas...Here are more reasons:<br /><br />Forces the rep (or at least the office staff) to actually look at the entire file, which it is evident some reps have not done.<br /><br />Allows issues like work after onset to be addressed upfront.<br /><br />Makes the rep (or at least the office staff) actually spend some time earning their fees<br /><br />Makes it easier to identify gaps in the medical record/missing records in advance of hearingAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-27157703677313384182013-06-21T07:30:39.162-04:002013-06-21T07:30:39.162-04:00Require attorneys and others representing claimant...Require attorneys and others representing claimants to submit pre-hearing briefs [why?]<br /><br />Really? You can't think of any possible reason why this would be a good idea? <br /><br />How about, it would help expedite review of the file? Or maybe, if the rep wants to allege a listing, wouldnt it be nice to always have a written brief with citations to the record AND the listing to argue why the listing is met? (as opposed to the current situation where most lazy reps just show up at the hearing, rattle off 30 different listings that the claimant allegedly meets with NO ability to cite to any specific exhibit in support)Anonymousnoreply@blogger.com