While there has been a good deal of improvement in the backlog of Social Security claimants awaiting a hearing before an Administrative Law Judge (ALJ), we should not think that the problem has been resolved. Claimants in places like Columbus, Dayton, Cleveland and Buffalo are still waiting for 17 months on average. Most claimants are still waiting almost a year.
The lack of adequate administrative funding for Social Security may soon start to make these backlogs worse. Social Security ALJs have always been helped at hearings by personnel who work in the hearing room, taking care of a number of functions, such as operating the recording equipment. In years past, this was done by some regular hearing office employees as part of their job duties..Social Security began contracting out this work some years ago. "Hearing reporters" paid by the case replaced regular Social Security personnel. This freed up regular Social Security employees to do other vital work.
I heard this past week that the two Social Security hearing offices that my firm deals with most often, Raleigh and Fayetteville, NC are doing away with the hearing reporters for hearings held at the main hearing office. I was sorry to hear this since the hearing reporters I know do a fantastic job. I hate to see them lose their jobs. The bigger problem is that they will be replaced by regular hearing office personnel. This would be satisfactory if Social Security were hiring more personnel to take up the slack but I know that is not going to happen.
This amounts to a cut in staffing at these two hearing offices. I cannot say exactly what the percentage cut in staffing will be. Perhaps, a reader can tell us what the Social Security Administration is expecting. I will give a ballpark figure that this amounts to a 5% cut in staffing but that is no more than a somewhat informed guess. I also cannot say how widespread this change will be. There are reports that this is only being done on a pilot basis but the fact that two hearing offices in one state are affected suggests that this may be a widespread change.
This will certainly cause bottlenecks and increase backlogs at hearing offices wherever it is implemented. This is not happening because Social Security management wants to create bottlenecks or increase backlogs but because the agency is facing a serious lack of funding.
hearing office staff as recorders is a "pilot"...but it will be implemented in all offices within 18 months.
ReplyDeleteThe status of these recorders as being "self-employed" has always been a little sketchy and I am not surprised by the change.
ReplyDeleteOffices in other states will also be doing away with contract hearing monitors for hearings in the main office.
ReplyDeleteContract hearing monitors are expensive and so reducing their numbers is a way to reduce costs at a time when SSA is dealing with a reduced budget. Also monitorings hearings is part of the case technician job description.
no to mention that "monitoring" hearings basically involves hitting start and stop on a digital recorder. Not exactly rocket science.
ReplyDeleteThis is a result of an OMG memo dated July 29, 2009 that presents an initial framework for agencies to begin a rigorous analysis of their mixed (multi-sector) workforce. This follows the passing of the Omnibus Appropriations Act, 2009 (section 736)in March 2009 requiring that all agencies perform Insourcing analysis.
ReplyDeleteAn excerpt from SSA's Human Capital Management Report dated December 2010: p. 12 "Given recent and projected growth, both in staffing and functions, ODAR is reorganizing to institute new functions and responsibilities, create a more responsive managerial structure, realign staff, redefine lines of authority, and provide enhanced administrative support. We are implementing our multi-sector workforce plan, which calls for in-sourcing the verbatim hearing recorder function and will increase the efficiency of the hearings process. This will support our efforts to eliminate the hearings backlog."
@10:39 a.m...I meant OMB memo rather than OMG (which I'm sure the hearing reports are saying "Oh My God!")
ReplyDeleteThe HRs in my office are very good. The job is much more than turning the machine on and off. The good ones get down most of the testimony, including ALJ's rfcs and the VE testimony. I will be surprised if the clerical staff will do as well.
ReplyDeleteFurther, there is no way this move will save money in the overall scheme of things. The plan is to hire limited clerical staff to replace the HRs, but much less than that needed to cover all the hearings. The new staff will get not only salary, but health insurance beneftis and retirement benefits. Looking at the big picture, the only winner is the Union which will see growth.
The program is being implemented in some Region 5 hearing offices as well.
ReplyDeleteContracting this task out seems much more efficient. Hiring staff to perform this task will not save money. Salary and benefit costs would be greater per hearing than the VHR rates in our office.
ReplyDeleteMy understanding is that this is being implemented in almost half of the hearing offices in the country by the end of Oct. 2011.
ReplyDeleteFirst, I would be surprised if there is much additional hiring. There are no plans for any additional hires in my office, which is one of the offices that will no longer use contract hearing monitors for local hearings.
ReplyDeleteSecond, new employees would be performing tasks other than just monitoring hearings. Therefore, the cost associated with new hires cannot be viewed simply in terms of how it compares to the cost of a contract hearing monitor. Plus, wouldn't you prefer paying a case technician $20 an hour to perform a wide-range of tasks, including monitoring hearings, than $75 an hour to a contract hearing monitor who may or may not take good notes, ensure the hearing was recorded properly, etc.
There have been some ALJs in the passed how tried to do solo hearing and operate thereown 'taperecordeers'. Excluding some sensative cases were the (usually female) and (... male) ALJ being alone in the same closed room was not advisable and potentially violent cases were the more people in the room was a safety factor -- the prolbem was than it tended to produce more BLANK TAPE, with the AC having to remand the claim for a new hearing. This was especially true for the less mechanical device and technology oriented ALJs.
ReplyDeleteTo Anon 10:26
ReplyDeleteIt is my understanding that offices will hire between 0 and 4 new clerks, depending on the current staffing ratio. If your office is not hiring it means that some policy wonk thinks your office is currently overstaffed in clerks.
Further, if a HR did a poor job, they can easily be let go. There is more motivation for them to do well over a clerk.
This change is going to have a devastating impact.
if by "devastating impact" you mean that people will have to work harder, you are correct.
ReplyDelete