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Feb 22, 2013

Only Eight Days To Obtain ALJ Name With FOIA Request

     I have a report that an attorney who made a Freedom of Information Act (FOIA) request on February 13 for the name of the Administrative Law Judge (ALJ) scheduled to hold a hearing received a response on February 21 that named the ALJ. Can we just stop this farce now? It's ridiculously easy to make these FOIA requests. An attorney doesn't have to request this information on just one client at a time. One request can cover all of an attorney's scheduled cases. 
     If Social Security had given any serious consideration to the FOIA it never would have gone forward with this really dumb idea. And, by the way, the idea that Social Security apparently has for another way to protect the National Hearing Centers is even dumber. Requiring the claimant, just after requesting a hearing, to decide whether to demand an in person hearing won't work because virtually every represented claimant will decline a video hearing. There is only one reason that claimants accept video hearings now -- to avoid delay. If a claimant declines a video hearing after one is scheduled, he or she is looking at a several month delay before a new hearing is scheduled. If the decision to decline a video hearing is made up front, there's no delay! Does Social Security believe its own hype? Does it really think that those involved believe that video hearings are just as good as in-person hearings?
     Update: One person posting here is saying that hearing offices are now authorized to release the name of an ALJ scheduled to hold a hearing. I have heard the same thing from another source today but have not personally verified it. It would be easier for everyone if Social Security would announce what they are doing. If some written directive has been issued to hearing offices, I'd love to see a copy.

5 comments:

  1. Rumor is that ODAR now authorized to disclose the name of the ALJ when scheduling the heairng.

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  2. SSA will stop playing stupid games when people stop filing unfounded disability claims. In other words, it will NEVER happen!

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  3. @9:17

    Here, here!

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  4. Attorneys gaming the system will never stop either...

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