tag:blogger.com,1999:blog-19246708.post8856696706288448791..comments2024-03-27T20:39:24.337-04:00Comments on Social Security News: It's Not Just Social Security ALJs Who Are InconsistentUnknownnoreply@blogger.comBlogger10125tag:blogger.com,1999:blog-19246708.post-34577077835636905052012-03-15T00:01:15.877-04:002012-03-15T00:01:15.877-04:009:25, how many of Daugherty's favorables do yo...9:25, how many of Daugherty's favorables do you think went through AC own motion review? Or survived for that matter?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-91390592067746294652012-03-14T09:29:23.988-04:002012-03-14T09:29:23.988-04:00Ah, I never thought to compare ALJ decision trends...Ah, I never thought to compare ALJ decision trends to the decision trends in other courts. Haha, what, exactly were we comparing these ALJs to?<br /><br />I think this total lack of good journalism out there has really hurt my ability to think critically...Nobbinshttps://www.blogger.com/profile/08199597836854072596noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-3255438999378124532012-03-14T09:25:45.134-04:002012-03-14T09:25:45.134-04:00SSA grants are subject to "own motion" r...SSA grants are subject to "own motion" review by the AC. I have one such remand coming up shortly.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-76613307708252482642012-03-14T09:15:32.627-04:002012-03-14T09:15:32.627-04:00In re: 1:01 a.m.'s comment:
It's an unbal...In re: 1:01 a.m.'s comment:<br /><br />It's an unbalanced system post-ALJ decision. Denials are (or at least are usually) revied on appeal; grants get no such review since there is no appeal. Fixing that would go a long way toward improving the integrity of the system.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-70354694826580355792012-03-14T01:01:39.198-04:002012-03-14T01:01:39.198-04:00Nobody is asking for conformity, just accountabili...Nobody is asking for conformity, just accountability. When an SSA ALJ remands "too much" the claimant appeals, and the AC and/or federal courts keep things in check. When an ALJ approves benefits "too much," people can complain but nobody can realistically do anything about it unless the WSJ rakes some muck. <br /><br />There is an underlying assumption on fora like these that approving way above average is not a big deal because the claimants are probably suffering anyway, even if they aren't technically disabled. Well it is a big deal because we are all on the hook for their benefits from here on out.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-21471672485255373442012-03-13T23:13:43.492-04:002012-03-13T23:13:43.492-04:00Excellent. Understood. When the data is drilled do...Excellent. Understood. When the data is drilled down to particular judges, a peculiar story begins to unfold.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-47103894752464233272012-03-13T21:49:22.423-04:002012-03-13T21:49:22.423-04:00The competence of a defense attorney or the mitiga...The competence of a defense attorney or the mitigating factors of a particular defendant can certainly influence a particular defendant and a particular sentence. But these things don't influence the pattern displayed by a particular judge. Think about it - do the judges with lower sentencing rates just happen to get all defendants with competent counsel and mitigating factors?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-73415682161784275082012-03-13T16:50:52.903-04:002012-03-13T16:50:52.903-04:00Don't judges consider mitigating factors when ...Don't judges consider mitigating factors when handing down a penalty and doesn't this really come down to how well the defense argues those factors at sentencing hearings?<br /><br />I would think this would be one of the causes of disparity.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-34664120060565519492012-03-13T12:46:33.586-04:002012-03-13T12:46:33.586-04:00As veteran of a number of jury trials, I can attes...As veteran of a number of jury trials, I can attest you see identical disparities among jurors. We cannot attain a perfect system, but we can attain a good one if we work at it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-20996273207655879952012-03-13T11:17:20.776-04:002012-03-13T11:17:20.776-04:00Having practiced in the Eastern District of New Yo...Having practiced in the Eastern District of New York for a long time on Social Security Appeals it would be interesting to see how these statistics might compare to SS remands from these same Judges. I can tell you that Judge Weinstein and Matsumoto are about twice as likely to remand a case as Judge Spatt (although both Spatt and Weinstein are now Seniors and rarely, if ever, take SS cases)Anonymousnoreply@blogger.com