ALJ Loses Fight For Job

From the Atlanta Journal-Constitution:

For three years, Kelly S. Jennings ruled on disability claims for the Social Security Administration while simultaneously serving as an active-duty lawyer for the Army.

This week, a ruling determined the Atlanta administrative law judge can be removed from his civilian job for double-dipping. Social Security has also filed papers to recover more than $309,000 in back pay and interest from Jennings.

By dividing his time between jobs, Jennings could not give Social Security his full attention, which in turn contributed to the nation's mountainous backlog of disability claims, wrote William N. Cates, the administrative law judge who heard the case.

Jennings worked in Social Security's Atlanta North office, known as the agency's "backlog capital" of the country. With an average wait of 838 days, the office in May ranked as the slowest in the nation in resolving the appeals of people who say they are too sick or injured to work.

Jennings, who said he made more than $300,000 a year working for both Social Security and the Army, acted "purely for personal gain," Cates wrote. "Judge Jennings' dual employment and the ramifications thereof warrant his removal." ...

"We are pleased by the decision," Social Security Commissioner Michael J. Astrue wrote in an e-mail. "The irresponsible conduct of this employee shouldn't tarnish the reputations of our ALJs, who have helped reduce the disability backlog by increasing their productivity by about 10 percent in the past year."