tag:blogger.com,1999:blog-19246708.post7542645377845559394..comments2024-03-29T08:44:53.158-04:00Comments on Social Security News: An Opinion On eBBUnknownnoreply@blogger.comBlogger45125tag:blogger.com,1999:blog-19246708.post-75641209348019679392016-07-05T04:16:46.160-04:002016-07-05T04:16:46.160-04:00PS, again:
The horrendous misconduct and scandal ...PS, again:<br /><br />The horrendous misconduct and scandal ALJ Garmin is responsible in the circumstances surrounding my situation alone would have exceeded any reasonable threshold to support removal and loss of law license, and seriously discipline for the highest Agency officials in the Ivory Tower from Colvin on down who initially promoted him to Falls Church with full knowledge of what he had done and engaged in a massive cover up to protect him and others responsible.<br /><br />Demotion to line ALJ with a brand-new office marked with his name on it which he gerrymandered as his ONLY accountability given the entire circumstances surrounding my situation and hearing office over a period of several years is completely UNACCEPTABLE, not to mention any of the other high level officials who conspired to protect him and others. FYI, I will not rest or stop until there is much more accountability from those in the Ivory Tower on down through the entire chain of command. Anonymoushttps://www.blogger.com/profile/00575441855476387472noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-26980581955606503712016-07-05T03:57:41.971-04:002016-07-05T03:57:41.971-04:00Seattle RCALJ DeLaittre is like a regular line jud...Seattle RCALJ DeLaittre is like a regular line judge now. He is suing SSA. So far in fiscal year 2016 DeLaittre has issued a grand total of 83 dispositions.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-71335797765990827272016-07-04T22:52:57.168-04:002016-07-04T22:52:57.168-04:00PS, My comment was at 6:38PM, July 3, not 5:13PM.PS, My comment was at 6:38PM, July 3, not 5:13PM.Anonymoushttps://www.blogger.com/profile/00575441855476387472noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-24920585999187178422016-07-04T22:41:58.932-04:002016-07-04T22:41:58.932-04:00Interesting news about ALJ Garmin. He was one of t...Interesting news about ALJ Garmin. He was one of the corrupt officials involved in my situation. In fact, as the ROCALJ, he authorized and signed off on the episodes of misconduct which took place. I am the commenter at 5:13PM, July 3, ie, the 27+ year SA illegally forced out my job.<br /><br />Anonymoushttps://www.blogger.com/profile/00575441855476387472noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-63136665181907365022016-07-04T20:40:10.151-04:002016-07-04T20:40:10.151-04:00PS Judge Garmon stepped down to line Judge because...PS Judge Garmon stepped down to line Judge because the AALJ caught on to his attempt to gerrymander the relocation the Atlanta North office to just a few miles down the street from his house. Although he was supposed to be stationed in Falls Church, he swung a deal to be outstationed in the new Atlanta North office after it's move to Alpharetta. He even has an office labeled on the new floor plan. Unfortunately, now that his plan has been exposed, claimants and office staff have to drive the worst trafficked areas of atlanta to get to the office. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-2116616529365321082016-07-04T20:29:00.012-04:002016-07-04T20:29:00.012-04:00Judge Garmon? He presided over scandals as large a...Judge Garmon? He presided over scandals as large as Huntington yet somehow remains unscathed. Judge Jennings' mulitple jobs, funneling cases to multiple 97% plus paying judges to pay down the back log, sending Judge McGrath on 100 case a week hearing office follies. As with many of the untouchable regional chiefs, he should have been run out of office on multiple fraud charges years a ago.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-17232756502403145342016-07-03T18:38:37.159-04:002016-07-03T18:38:37.159-04:00@5:13, July 3:
I shared many of your sentiments f...@5:13, July 3:<br /><br />I shared many of your sentiments for during my 27+ years. I was also a high producer, my decisions were high quality, lots of compliments from ALJ's, and earned numerous QSI's and Performance Awards for several years. I also enjoy working with SSA DISABILITY law, which I think can be both complex or simple depending on the particular case. <br /><br />Despite all of these things, I was illegally forced out the door for no good reason 3 years ago. I am the SA who recently commented about my situation. The point I am trying to make is bad things can and do happen to good people who work at ODAR. <br /><br />Not every hearing office is all glamor and glitter, and those that are can change in an instant, such as when corrupt managers suddenly arrive, destroy the office with the support of top Agency officials, then bolt for other hearing offices. This is what happened in my hearing office, in addition to the other things I alluded to in earlier comments.<br /><br />The top Agency officials who encourage, reward, and protect subordinate managers to engage in illegal Prohibited Personnel Practices, in some cases even criminal acts, must go, let alone being allowed power positions in the Ivory tower.<br /><br />Some of you commenters are far to willing to cast a broad optimistic sweep over many issues, and that simply is not realistic. 25 years ago, I probably would have sounded similar. I would have never in my wildest dreams have thought I would be treated in such an undignified manner. I am just saying...Anonymoushttps://www.blogger.com/profile/00575441855476387472noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-4242651077893618002016-07-03T18:11:05.994-04:002016-07-03T18:11:05.994-04:00513, I have argued that it is complex but I think ...513, I have argued that it is complex but I think you make a very valid point. The law is the law and does not change much but the fact patterns can be very complicated and that is what can make writing these decisions very complex. I think some areas of the country the cases are more complex than others simply because of the medical care available. Yes it is a boring area of the law but the pay is decent and I think that is why most of us don't ever leave. However I don't think that knocking these cases out like widgets with quotas and time limits is the correct method. I think eventually that will result in more remands. But you make a very good point I think the answer is somewhere in the middle and I'm not sure how we get there in the morass that is odarAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-43403965725372955522016-07-03T17:13:28.963-04:002016-07-03T17:13:28.963-04:00the FACT patterns of some SSA disability cases can...the FACT patterns of some SSA disability cases can be complex, but the law surrounding disability is incredibly limited.<br /><br />I have to concur with some of the other posters. I write decisions daily and do so at a high rate (well over the 100% quota) and with high quality (as measured by AC agreement rate and ALJ comments). To argue that SSA disability is a "complex" area of law is just silly. It is an incredibly simple area. The tools provided by the agency let us quickly "shell" a decision that is legally sufficient and requires only minor tweaking to cover the occasional area that may not be covered by FIT. <br /><br />Yes, ALJs and legal staff miss things like DLI, evidence and opinions, but these are VERY easy issues to spot and fix. Need an updated DLI, a 30-second query tells you. ALJ didn't address an opinion, summarize the opinion and give it appropriate weight. SCT missed some evidence or some other error...yes, you can complain about it, but typically the fix is easy. <br /><br />Working at SSA (whether as a writer or ALJ) is EASY. The pay is OK. There is NO stress and you go home after 8 hours (or less with credit used) or take days off whenever you want. MOST of the writers I work with could work in other areas making more money. But on an hourly basis, we would lose out. We all get frustrated by how boring and easy the work is and often complain about the little mistakes that make the job nominally "difficult". HOwever, we all agree that the tradeoff of work-life balance makes up for the boring work and middling pay.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-47262211230206325672016-07-03T16:29:42.688-04:002016-07-03T16:29:42.688-04:00Judge Garmon would have been an interesting choice...Judge Garmon would have been an interesting choice. He has his detractors, but don't we all. From my personal experience I would say that he knows how the world works and can be very reasonable. I for one think he would have been an innovative choice for Chief Judge and a welcome change from the current regime. However, I don't think that is why he was in falls church but I don't want to say more.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-43270438354973402982016-07-03T14:10:30.092-04:002016-07-03T14:10:30.092-04:00With regard to the NC Commenter/Suspect Strawman, ...With regard to the NC Commenter/Suspect Strawman, one cannot help but wonder if this may be related to ALJ Ollie Garmon, III, former ROCALJ who was promoted to Falls Church, VA, in 2015, but recently departed to be an ALJ in the Raleigh, NC, ODAR office. Wasn’t he being groomed to replace Judge Bice? Was this a short lived promotion? If so, why?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-79402168159944809842016-07-02T23:36:28.155-04:002016-07-02T23:36:28.155-04:00Very few ALJs are using eBB because it does slow d...Very few ALJs are using eBB because it does slow down the review of cases significantly. The newbie judges use it not because they are more computer literate, but because they are trained on eBB from the get go. However, what happens is after a few months on the job when their production is expected to increase, the newbies find they can't keep up using eBB. Personally, i prefer to craft handwritten notes when I review a file. I have tried eBB - typing or cutting and pasting, but writing my notes by hand just works better for me. I remember the details better. I craft my instructions by hand, but I use a multi-page form to help me cover the pertinent issues. I also use FITS to write instructions and that too keeps me on the right track. Whenever new technology is presented into the workforce, you get push back from employees. Some hated the transition from HOTS (hearing office tracking system) to CPMS (case processing management system), though the latter is clearly much better. The same, however, cannot be said for eBB. Despite the efforts of many good folks, eBB is a clunky failure and it should be abandoned. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-51655499805746346632016-07-02T16:18:32.720-04:002016-07-02T16:18:32.720-04:00EBB - If it does not Fit, you must (ac) quit!
EBB - If it does not Fit, you must (ac) quit!<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-60541556458228725252016-07-02T14:42:37.188-04:002016-07-02T14:42:37.188-04:00As a former DW I can see why people think this way...As a former DW I can see why people think this way. The job is not hugely complex but it is way tougher than it looks to crank out the volume of decisions required in the time alotted. The decisions are tough and cannot be taken lightly. I say this not because I seek sympathy but just know that the job is tougher than it appears from the outside. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-21771102235327644372016-07-02T11:04:24.959-04:002016-07-02T11:04:24.959-04:00Judge Hatfield,
You're one of the good guys f...Judge Hatfield,<br /><br />You're one of the good guys from OHA/ODAR. As a judge, HOCALJ, acting Chief, instructor and entertainer, your contributions to the agency has been great. As one of my instructors in Baby Judge School, you've influenced my career for 20 years. I agree with your remarks about FITS. It made writers and judges more thoughtful. EBB does not make anyone more thoughtful but it does make them slower.<br /><br /><br /><br /><br />itAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-34111953147606539092016-07-01T17:08:56.656-04:002016-07-01T17:08:56.656-04:00For those who think social security disability law...For those who think social security disability law is simple: you don't know what you don't know. There are numerous details which matter, starting with Date Last Insured, prior applications (possible reopenings), and protective filing dates. Most ALJs don't consider all the medical evidence (lack of time) which means SSA fails to accord due process. Each person's case needs individual consideration, which ODAR is not set up for. <br />As for employees, what do you expect an agency to think, when it calls people "human capital"?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-65878275677065444352016-07-01T15:25:09.928-04:002016-07-01T15:25:09.928-04:00I was the one that made the comment about older de...I was the one that made the comment about older decisions being bad (Hyatt NC guy), not any of the other comments later attributed to me, and I can't believe I got the ire I did. <br /><br />I wouldn't say all of our decisions these days are even good, or that the agency's efforts to ensure a good decision are wise or effective-- I am most definitely not an Agency kool aid drinker, lol--I was simply saying that the supposedly "things were 100% great and it was because we were left alone by mgmt." assertion is destroyed by just a cursory glance at the decision work product from that time. <br /><br />As a side note, I am always just tickled pink when ALJs use every last shred of language, case law, etc. vis-à-vis the APA to demand all manner of protections for themselves, but bristle when told that they might need to make and explain the most basic legal determinations for their cases. Good stuff!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-69679619954258693512016-07-01T14:37:24.437-04:002016-07-01T14:37:24.437-04:00Well 130, you sound like just the type management ...Well 130, you sound like just the type management is looking for and that is why we are doomed.<br /><br />Life is funny because it is my private practice experience that makes me cognizant of why these cases are so complex. I can't tell how many times I have seen a newbie rep just blow it because they don't know the rules of the game. Neither one of us is going to change our mind and I am still highly suspect of your credentials, but such is life.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-78407060100331182782016-07-01T13:30:20.897-04:002016-07-01T13:30:20.897-04:00life is funny, I would say the same in opposite, i...life is funny, I would say the same in opposite, if you think it's complex you either don't work in an odar office or have very limited private practice experience. Most of the regs address rare fact patterns. The vast majority of claims are very straight forward and substantially similar, that's why most judges bust out over 500 a year working 40 hours per week. In private practice most cases are different, fact patterns and black letter law are different.<br /><br />All of the AA in my office are in pretty universal agreement that this is perhaps the most boring path a licensed attorney could take. We consciously make the choice to continue on for the work/life balance, we've seen the other side and we're largely happy about it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-16305223442929373422016-07-01T13:00:13.288-04:002016-07-01T13:00:13.288-04:001152 and 1215 all I can say is that if you perform...1152 and 1215 all I can say is that if you perform a decision making or decision writing job in odar and you don't think it's complex, then either you are incredibly simple minded or you are not doing your job.<br /><br />Yes Yes bankruptcy personal injury litigation maritime law there are many many areas of law that are more complex than Social Security--again I would say that there is a staw man among us. <br /><br />And yes it is only 5 Steps how hard could it be you ask and this is why I don't think you write or decide these cases as well as why I find it scary if you do. Within each step there are myriad number of requirements and issues that need to be decided.<br /><br />The proof is in the pudding if this process was so simple would it require a code of federal regulations, hallex, POMS, guidance edicts up the gazoo, medical experts, vocational experts--cut it out. Your argument fails at the most basic level.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-86081560003337787722016-07-01T12:52:17.009-04:002016-07-01T12:52:17.009-04:00lol I'm a koolaid drinking employee. You'...lol I'm a koolaid drinking employee. You're not getting under my skin, I just think its sad that mgmt. can't fire you tomorrow because we don't need you. Most of my career was in the private sector, I'm used to at will employment. Law firms are pretty efficient. If you don't bill you're done. That's how it should be here, if you don't produce you're done. I think managers should be able to actually manage their employees. Employee should actually do what their told by managers or else hit the road. The managers are ultimately accountable for the program performance not line employees. And I think most Americans would agree with that approach.<br /><br /><br />The civil service and union 'protections' are from a generation ago. Most Americans can't relate to it and it contributes to their negative view of the federal workforce.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-24511188931554154882016-07-01T12:30:02.977-04:002016-07-01T12:30:02.977-04:00@12:15PM, first post at same time:
IT IS GREAT TO...@12:15PM, first post at same time:<br /><br />IT IS GREAT TO KNOW WE ARE GETTING UNDER THEIR SKINS AND THOSE,LIKE YOU,WHO CHOOSE TO DRINK THE AGENCY KOOLAID. <br /><br />ISN'T IT INTERESTING THAT EVEN THOUGH OPM IS URGING AGENCIES TO ENCOURAGE AND ENGAGE IN EMPLOYEE ENGAGEMENT, THIS ONE, SPECIFICALLY ODAR AND SSA DISABILITY, NOT ONLY DISCOURAGES IT, BUT AGGRESSIVELY SEEKS TO PUNISH AND ILLEGLLY REMOVE EMPLOYEES WHO EVEN MINUTELY QUESTION WHATEVER THR SUBJECT du jour AT THE TIME IS.<br /><br />IT'S ABOUT TIME FEATHERS BEGAN TO RUFFLE. <br /><br />I CAN ASSURE YOU, CONGRESS MEMBERS AND THEIR STAFFERS ARE, INDEED, READING THIS BLOG.Anonymoushttps://www.blogger.com/profile/00575441855476387472noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-12591613301084638912016-07-01T12:15:32.932-04:002016-07-01T12:15:32.932-04:00@11:44AM,
You conveniently failed to indicate FIT...@11:44AM,<br /><br />You conveniently failed to indicate FIT, if nothing else, is an important decision writing tool, which is by far the most favored and embraced by decision writers and ALJ's alike. The Agency's futile failure to update it in order to force EBB down everyone's throats is not working, and this is amply demonstrated by the overwhelming numbers who continue to use FIT.Anonymoushttps://www.blogger.com/profile/00575441855476387472noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-14169373657129782262016-07-01T12:15:01.792-04:002016-07-01T12:15:01.792-04:00Totally agree with 11:31.
Being an ALJ in SSA is ...Totally agree with 11:31.<br /><br />Being an ALJ in SSA is an easy high paying job with nearly 0.0 percent chance of being fired. And to hear the complaints on this blog you would think these guys worked in 3rd world country coalmine. Waaa, they are making me use eBB, waaa, I have actually write instructions, waaa, they want me to schedule more, waaa, they want me to be more productive. And if you are offended by this, then prove me wrong by stop complaining and get to work. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-65986085749019935202016-07-01T11:52:15.401-04:002016-07-01T11:52:15.401-04:00@ 11:31 pm, I have not posted this yet, so don'...@ 11:31 pm, I have not posted this yet, so don't think I am simply reposting the same stuff.<br /><br />SSA disability cases are NOT complex. The law we have to apply is miniscule and almost never changing. There are very few important federal cases and those that do exist are easy to interpret and can be covered with a few simple sentences. Disability decisions have 5 key steps that can be discussed in a few sentences/paragraphs each plus an RFC discussion. If you think that disability law is complex, I have to question your legal abilities. <br /><br />Try bankruptcy, securities, criminal law, etc., etc. I am an attorney and have many friends who are attorneys. They would all kill to practice such a narrow area of law. <br /><br />What about the disability process do you think is so complex?Anonymousnoreply@blogger.com