Under the Privacy Act, federal agencies must post a notice in the Federal Register before creating a new system of records concerning the public. This is from a notice posted by Social Security in the Federal Register today:
Would these records, properly redacted, be available under the Freedom of Information Act?At present, we do not have a good mechanism to track complaints about ALJs f[Administrative Law Judges] from initiation to resolution. This weakness makes it difficult for us to identify and resolve service delivery issues, and also impairs customer service. This system of records will help us improve service to the public by creating a centrally managed, electronic method to collect, monitor, and retrieve information concerning complaints about ALJs.
I don't think FOIA would mandate disclosure of complaints lodged against ALJ's.
ReplyDeleteEven 100 similar complaints wouldn't be concrete evidence that the ALJ took the complained-of action(s). Complaints could be considered part of an investigative process, which would be outside the scope of FOIA disclosure. Complaints that become a personnel issue could not be disclosed.
Even if released, "properly redacted" might also include the ALJ's identity. (I'm assuming that would be the main attraction.)
Anyway, I'd reckon that the public learns of the truly substantial complaints via district court filings or MSPB decisions, etc.
What's the point in monitoring complaints against someone who is nearly untouchable?
ReplyDeleteIt appears social security also needs a good mechanism to punish alj too.
Anon #1 agrees with Anon #2.
ReplyDeleteThat's the real problem - these complaints are never taken seriously because there's no point.
It'd be much ado about nothing. The ALJ will stay in 999 cases out of 1000, even if there are 100 complaints of the same problem.
ALJs are invulnerable to discipline.
ReplyDeleteOne ALJ before whom I regularly appeared made a habit of harassing claimants with tart language.
We complained. Of course, nothing happened.
However, when SSA does try to take action against ALJs who under- or mis-perform, the standard hue and cry about "pressuring ALJs to influence allowance rates" will arise. It ain't an easy matter.
ReplyDelete