From the
Wall Street Journal:
Americans seeking Social Security disability benefits will often appeal to one of 1,500 judges who help administer the program, where the odds of winning are slightly better than even. Unless, that is, they come in front of David B. Daugherty.
In the fiscal year that ended in September, the administrative law judge, who sits in the impoverished intersection of West Virginia, Kentucky and Ohio, decided 1,284 cases and awarded benefits in all but four. For the first six months of fiscal 2011, Mr. Daugherty approved payments in every one of his 729 decisions, according to the Social Security Administration. ...
Mr. Daugherty is a standout in a judicial system that has lost its way, say numerous current and former judges. Judges say their jobs can be arduous, protecting the sometimes divergent interests of the applicant and the taxpayer. Critics blame the Social Security Administration, which oversees the disability program, charging that it is more interested in clearing a giant backlog than ensuring deserving candidates get benefits. Under pressure to meet monthly goals, some judges decide cases without a hearing. Some rely on medical testimony provided by the claimant's attorney.
This breakdown is one reason why Social Security Disability Insurance—one of the federal government's two disability programs—is under severe financial strain. It paid a record $124 billion in benefits in 2010 and is on track to become the first major entitlement program to go bust. Government officials said last week it is expected to run out of money in 2018. ...
Judges and local attorneys have complained about the volume of disability cases brought before Judge Daugherty by one lawyer, Eric C. Conn. ...
When asked about Mr. Daugherty, Social Security Administration Commissioner Michael Astrue said in an interview there were several "outliers" among administrative law judges, but that he has no power to intervene because their independence is protected by federal law. ...
Following inquiries from The Wall Street Journal, the Social Security Administration's inspector general's office launched an investigation into Mr. Daugherty's approval rate, according to several people briefed on the matter. ...
Judges and staff in the Huntington office have complained to supervisors that Mr. Daugherty assigns himself Mr. Conn's cases, including some that were assigned to other judges, two former judges and several staff said. Cases are supposed to be assigned randomly.
According to a court schedule of Mr. Daugherty's day reviewed by The Wall Street Journal dated Feb. 22, 2006, Mr. Daugherty held 20 hearings spaced 15 minutes apart for Mr. Conn and his clients in a Prestonsburg, Ky., field office.
This ALJ should be fired, prosecuted for fraud, and all of his decisions reviewed.
ReplyDeleteshould be...but won't.
ReplyDeleteInstead, he'll be praised for his high ALJ disposition/day rating.
"Mr.Conn"...how appropriate.
ReplyDeleteHmmm even as liberal as I am I don't know if I could pay 1,280 cases and deny only 4. Although if I were a claimant's attorney in that office I'd be doing everything in my power to have ALL my cases assigned to that ALJ!
ReplyDeleteI wonder what his "pay" rate was before 2005. While some ALJ's have always been liberal, so to say, we all began paying more when staffing went down yet they imposed quotas on us. I call it the Republican paradox. Demand more production while cutting staff. The only sure way in that scenario to meet production quotas is to pay, baby, pay.
ReplyDeleteAs I understand, these ALJs are treated the same as other Federal judges, in that they can only be removed by impeachment. Is this correct? Pretty obvious that there's some agenda or incompetence here.
ReplyDeletepoo paw- please don't include all of us- some of us did not just pay more. Some of us said the pressure to pay be damned, some of us took the job seriously and despite all the pressure, all the nastiness, continued to do a genuine review of the evidence and a full consideration of the law. But I agree, the only way to issue 1000 a year is to cut corners.
ReplyDeleteJust as the way to make quotas at the DDS level is to issue denials. Look at the incentives built into the system at each level (50 percent review of DDS allowances, minimal review of DDS denials; minimal review of ALJ allowances, review of ALJ denials through appeal to the AC) and you see why--especially when there is a push for more production--each level performs as it does.
ReplyDeleteThis happens a lot more than the agency lets on. As for Mr. Astrue that's a complete cop out to say there is nothing that can be done because of the ALJ's independence! Seriously didn't you hear or listen to the staff of that office-HE WAS ASSIGNING HIMSELF TO CONN'S CASES!!!! You sure as hell can do something you bafoon!! Seriously the crap I've seen makes me think Astrure is out to destroy Social Security just to make Obama look bad and hand an "I told you so" to the Repulicans. Wake up President Obama and get rid of ALJ's and this "judicial independent" nonsense.
ReplyDeleteAnother point of view: http://ctblueblog.com/?p=4638
ReplyDeleteHe was alowed to just RETIRE!!! Shocking, he denied MY case the day before he retired, and his reason was because he didnt agree with my Dr's reporting of my disability??? And, I have NEVER EVER even been on ANY form of assistance in my life (worked since 15, had 6 children, raised them alone, and am a grandmother of 19) Some days I cant walk, 90% of the time I have migraines,cant drive anymore because my vision comes and goes, but I dont have MS or Lupus. No health insurance, so I have to pay cash for ALL tests, appts, and medication. Now it is a year later and is being reveiwed by the council... Been din this for 5 years now, and he's handin money to the "wrong people"!!
ReplyDelete