- What was it like in the office when employees came in Tuesday to be officially told they were furloughed?
- Am I correct that the next scheduled payday for most federal employees is October 11? Whatever the date is, it's important. No federal civilian employee gets a paycheck until the shutdown ends, even if they've been working through the shutdown.
- What's it like for Administrative Law Judges (ALJs) and others working in mostly deserted offices?
- If you've been furloughed, how are you spending your time so far?
- Is there some word on the street about when or if the employees furloughed at the Office of Disability Adjudication and Review (ODAR) will be called back to work despite the shutdown? Is there any risk that instead of calling the other ODAR employees back that the ALJs will be sent home instead? I think we can all agree that it's impractical to have the ALJs working without support staff for more than a short time.
- Has there been a problem with claimants not showing up for hearings and appointments, thinking that Social Security is completely shut down?
- The Appeals Council receives lots and lots of faxes. The fax machines I'm familiar with print out received faxes. If the fax machine runs of paper, the fax machine stores the fax in its memory but that memory is finite. Faxes can be lost if the machine runs out of paper and memory. The faxes coming into the Appeals Council won't stop. Will there be someone there to stock the fax machines with paper? Is there sufficient memory to cover days, maybe weeks, of faxes?
- The Office of General Counsel (OGC) has to process lots of attorney fees under the Equal Access to Justice Act (EAJA). I'm afraid I know the answer, but will OGC be able to process these during the shutdown? More generally, how will OGC discharge its core responsibilities with something like 90% of its staff furloughed? There must be scheduled hearings, trials, settlement conferences, oral arguments, etc. Is OGC just getting all of these continued?
- For employees still at work, are there bottlenecks caused by the large number of furloughed employees?
Oct 2, 2013
Shutdown Questions
Some questions about the shutdown, for anyone who can answer them:
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19 comments:
Today was the first day, and it was actually only a half-day because the furloughed worked 4 hours. Essential employees are all ALJs, the HOD, the HOSA (IT person) and the lead case technician (LCT) with the most seniority. ALJs can only do essential functions/duties, which are holding hearings and deciding cases, during the shutdown. Independent contractors, MEs, VEs, HRs and security are still doing/working hearings. Our office currently has ALJs at the AALJ conference and on medical leave. No hearings were scheduled today and only two are scheduled for tomorrow. I have no hearings this week because I had originally intended to be in Santa Fe, but circunstances made that impossible for me so I am deciding claims which have already had a hearing and needed post-hearing work-up and preparing claims for hearings next week. If the shutdown goes on for long I'll get back to you next week and let you know how things are going.
on Tuesday, those of us that were "furloughed" were given letters spelling out our rights to appeal that decision...as if there is any chance to win that appeal.
It also explicitly stated that we are not allowed to return to work until we are specifically recalled.
As for actual work, I didn't see much getting done. We were allowed UP TO 4 hours to wrap-up work that was started, but no one I know started anything new.
HOD, IT and one SCT were allowed to continue working and they were preparing for how to handle the hearings that have been scheduled.
No rumors about when we might be recalled, but apparently writers were recalled after 3 days during 1995 shutdown.
My wife is an ALJ. Her report about her office yesterday was similar to
2:58 AM, October 02, 2013. All leave is cancelled for ALJs.
She said people who were furloughed were upset. One guy learned that day that his wife, in the private sector, also lost her job!
I recommend you contact your congressional representative with these questions and concerns. According to the news the general public is unaware the Government is closed.
In the field we are virtually business as usual. We have referred to it a Volunteer Week, since we are working, yet on a furlough status. As far as I can tell we will get a paycheck on the 11th, but it will only be for 6 days, even though we are working 10.
I feel bad for the furloughed employees who are now immediately without pay. As an attorney rep, my question has to deal with our attorney fees. Will the payment center continue to process our attorney fees on awarded files during the shutdown? It's my understanding that while ALJs are still holding hearings, decisions are not being written or sent out. A shutdown lasting longer than a week or two will have serious consequences on our firm's cash flow.
Again, concerned about your attorney fees? Call your congressional rep. The agency is shut down.
The Payment Centers Will Continue To Process Attorney Fees. The Next Payday Is October 11. Employees Will Be Paid For Work Performed Before Approprations Lapsed, I.e., Sept. 30, Six Days Work.
PC open, that is very interesting.
How motivated do you think employees who are working without pay will be to process rep fee cases? I think it's fair to expect delays and expect a slowdown in your firm's cash flow. Your concern for the state of the country and the workers who do the work of the people is underwhelming.
Federal employees worried about your pay? Better call Saul!
We here at a PC have many who have chosen to stay home in hopes of being paid like the 96 shutdown. Those that are here, we are waiting for our leaders to do their jobs before we return to doing ours. Critical cases are being processed, but not much beyond that. Sorry, but that does not include atty fees.
I'm an attorney at ODAR. Yesterday I drafted favorable decisions for two cases. Sure, they might get signed this week, but I assume they will sit in our office until we're called back. I'm heartbroken for the representatives who won't be able to collect fees on those cases until this is resolved. In the meantime, I have bathroom grout to scrub.
to 2:21:
Did you draft those FFs in your four hours in the office yesterday? I signed two FFs that were placed in my EDIT queue yesterday morning.
ODAR sucks. Hope you all are furloughed indefinitely. Are ALJs still loafing at home these days?
Our office (Hearing Office) is a tomb. Period. Only acvtivity is hearing the one support staff on duty telling people on the telephone there is nobody here. Our HOD told a claimant who called to ask about the status of her case (in UNWR - but no writers to write it), to call her congressman.
I signed a FF and a Vol Dis yesterday . . . still sitting in MAIL. Probably will be there awhile.
Hearings r conducted as usual for at least 2 weeks into the shutdown 'cause the security, experts, and reporters were contracted in advance. That doesn't necessarily mean they will be paid as quickly as they r accustomed to. After that it's everybody's guess. Acc to my HOCALJ, once experts, reporters, and security are gone we r still expected to hold hearings and wear all hats incl being a greeter of clts and reps in waiting rooms and take them to the hearing rooms... I am not joking. Needless to say, it's everyone's hope this will be short-lived and none of this will ever happen. BTW, we r instructed to either write our own decisions/dismissals or wait for writers to get back. However, even if one writes his/her own decision that doesn't necessarily mean it will be properly processed and cases closed 'cause the staff isn't around and one SCT can't do everything what dozens of ppl used to do. Yes, it's awfully quiet and desolated around here. I must admit, that doesn't bother me a bit, actually, I like it. Re pay for reps - forget about it. Re pay of EAJAs you may as well. Re pay of us who r forced to work w no pay - no one ever said we will b paid on the 11th for days before the shutdown. Not that I'd mind, I'm just saying there was no such info coming from anyone. It's a rumor as much as it's a rumor in different agecnies that the shutdown will last 2 wks.
@ 9:13, October 3
Your work before the shutdown was in fiscal 13. Funds for that period were appropriated and obligated according to Congressional intent and law - you will be paid for last week.
Also, the following comment you made betrays the arrogance and hubris that really make the others in this public service agency detest you:
""we r still expected to hold hearings and wear all hats incl being a greeter of clts and reps in waiting rooms and take them to the hearing rooms... I am not joking.""
It was clear in your note that you weren't joking. That you feld the need to exclaim how you were not joking is really arrogant and annoying.
The reality is, as important as YOU think you are, you decide disability claims. Get over yourself. You're not nearly as efficient or accurate as the army of diligent disability examiners who work in the states making 1/4th or 1/2 what is doled out to you.
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