Take a look at Daniels v. Merit Systems Protection Board (9th Cir. August 9, 2016). Daniels is a Social Security employee who claims to have been a whistleblower. You can call him what you want. I'd call him an out of bounds, out of control Social Security employee who deserves worse punishment than he got. It worries me that someone like this rose to a position like Hearing Office Director or Supervisory Attorney Advisor. His exact title was unclear to the Court.
20 comments:
Hes HOD at Orange, CA technically a HOD attorney is a supervisory AA like a HOD paralegal is still a supervisory paralegal
His butt needs to be fired. He has no authority to over ride or second guess a Judge's decision. But, then again, it is California..
For me a question is whether he disagreed with the decision or it was non policy compliant. Court just says it was 'erroneous' It doesn't matter if he disagrees, I write cases that I disagree with, but hey I didn't stare the person in the face at the hearing. I would say reporting a non policy compliant decision could be whistleblowing. Supposedly, this policy is binding on ALJs, these cases are worth 250k to taxpayers a piece. Either way he definitely didn't follow procedures.
The problem is this is just another example to ODAR employees of if you see some actually don't say something or you might get suspended for 14 days. If he had just gone about his day and said nothing would have happened. Its so much easier to say nothing. Now he's out a paycheck.
If no one second guessed Daugherty, he and Conn would still be at it.
ALJ Kay is no Daugherty! He has a 34% approval rate and has been described by a rep as "tough, but fair." Claimants have a varied opinion about him, which could be tied to how he decided their cases. However, from the comments he appears to come into the hearing with his mind already made up. Without knowing the particulars of the approval in this case, it's difficult to picture Kays as someone who would approve a claimant without cause.
Daniels, on the other hand, comes off as a petty, lying piece of excrement who whined about an ALJ, got caught, lied about it and then, once suspended, tried to use the whistleblower act to get his money back! In the private sector, he probably would have been fired for insubordination!
The "Supervisor" designation had to be added to the HOD position description shortly after the roll out of HPI in 2000 because SA's and Attorneys cried foul over non-attorney HOD's managing them.
In addition, some HOD's with law degrees had been miraculously promoted from the ranks of a GS-12 Attorney with not more than a couple years of Agency experience to manage and supervise SA's and other career Agency Attorneys who, in some cases, had successfully been with the Agency 20-30 years.
In some ODAR offices, excellent career Supervisory Attorneys under the pre-HPI OHA bureaucracy, were literally forced out the door into involuntary retirement to better enable certain Powers That Be engage in illegal Prohibited Personnel Practices to promote FAVORITES in just this manner. I personally witnessed Some of ODAR's best, exceptional and most experienced OHA Supervisory Attorneys be subjected to unspeakable harassment both in and outside the office that it would shock the conscience of many. These terrific employees were forced out, e.g., harassed to such an extent they had no choice but to leave.
Just ask ALJ Ollie Garmon, III, about this. As the ROCALJ of Region IV at the time, he was one of the highest ranking Powers That Be responsible for the unspeakable harassment of some pre-HPI OHA Supervisory Attorneys so he could promote less qualified, like minded and National Origin (African-American) FAVORITES. It's long past due Garmon finaly be held accountable.
Plenty of employees have issues with Garmon, but how did race become an issue?
@11:42,
Re-read 11:20's post. This issue was fully explained. HINT: Race became an issue because of FAVORITES, and his preference to move them up.
I don't necessarily disagree with anything said about Garmon, but to be fair there were issues with race long before he came along. Reference the coronation of years past
This just goes to show quite painfully that ODAR's "See something, Say something" invitation is a load of horsesh*t.
ODAR employees should totally look the other way and keep their mouths shut when they see something wrong.
If the guy had raised questions about the legitimacy of an unfavorable alj decision,the chorus of claimant reps on this blog would be singing a different tune.
@ 2;32 AM
I think the biggest issue with this situation was not the initial issue with his concern or whether the decision was legally the defensible or not but with the fact that he was deceitful and lied when questioned later about what he did.
As to your comment about the chorus of reps if an unfavorable decision was questioned....it will e a cold day in hell before we could ever expect anyone at SSA to question the legitimacy of a denial...let alone even care enough to even think about it.
I think it's more likely that he needed one more denial to receive a bonus than he cared about someone unworthy receiving benefits! If I learned one thing from reading the comments on this blog, it is that it is never about the claimant. We're nothing but numbers to SSA, especially those in management!
8:49
You are very wrong. I do it all the time and I know of others who do as well. We pay dearly for speaking up.
@11:29AM,
No, you are very wrong. Everyone I know who has been brave enough to speak out about issues, or heaven forbid suggest other more intuitive and thoughtful alternatives to whatever the issue dejour of the day TPTB are pushing, no longer has a job with the Agency. That's right, each and everyone of them had a target on their backs from that point forward to be illegally forced out of their jobs as soon as possible. I do not know what planet on which you live, but it cannot be this one.
1141 this is 11:29
I think you were replying to 8:49 because I said the same thing that you are saying. That is speak up against a wrongful denial and pay dearly.
@12:11,
My apology. I was using my phone (small screen).
3:57
No problem, done it many times myself.
Here is the insubordinate Mr. Daniel's LinkedIn profile https://touch.www.linkedin.com/?sessionid=66767099498152&as=false&rs=false&can=https%3A%2F%2Fwww%2Elinkedin%2Ecom%2Fprofile%2Fin%2Fthomas-daniels-04227235&dl=no#profile/123071666/name:1kj6
@ Anonymous. If you know folks who have been run out of their jobs after speaking up in defense of wrongful denials, can you please have them contact NOSSCR. If things are as you portray them to be, I am sure they would have great interest.
Charles, why haven't you posted Senator Johnson's August 15th letter to Carolyn Colvin demanding information from SSA regarding allegations of whistleblower retaliation?
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