The Social Security Administration published a notice in the Federal Register today that it is making the attorney advisor program permanent. As the notice says "The
attorney advisor initiative permits some
attorney advisors to develop claims,
including holding prehearing
conferences, and, in cases in which the
documentary record clearly establishes
that a fully favorable decision is
warranted, issue fully favorable
decisions before a hearing is conducted."
The problem with the attorney advisor program is that they are issuing few decisions. This is because the agency has imposed many limits and restrictions on what the attorney advisors can do. If Democrats win control of the House of Representatives in November I expect that Social Security will remove some of the limitations on attorney advisor productivity.
By the way, if they're issuing decisions, shouldn't attorney advisors be appointed by the Commissioner?
Be sure to raise that Appointment Clause challenge in your next challenge of a fully favorable decision by an Attorney Advisor.
ReplyDelete8:59 mic drop!
ReplyDeleteLOL @ 859
ReplyDeleteCan't remember when I last received favorable AAdecision. Heck, the ALJs are afraid to grant OTRs or even give bench decisions.
ReplyDeleteYes indeed this is true. OTRs are determined by decision writers who review the case, recommend the outcome to the ALJ and if they agree decion writer writer writes it up, ALJ signs it and the ALJ gets the credit. Honestly, management is a joke!
DeleteJudges are evaluated on hearings scheduled these days. Why grant an Otr when you can schedule a fast hearing in place.
ReplyDelete^ bingo. ALJ’s review evidence? Why? That’s a waste of time. It’s hearings management wants and it’s hearings they get. I hope all of you you who went along with this farce face the need for benefits one day and get an ALJ who hasn’t a clue as to what your file contains. Hopefully you’ll be asked what color your underwear is or what religion you practice. You think I’m kidding?
ReplyDeleteAre you a senior attorney who works for Social Security? Are you female and over 40? There is a viable claim ripe for a class action if the “decision writer productivity index (DWPI) was applied to you in contradiction to the following FSIP ARBITRATOR’S OPINION AND DECISION found here: www.flra.gov/node/77903. This class action may be expanded to include other attorneys within OHO subject to DWPI
ReplyDeleteIf interested please contact ohoclassaction@gmail.com
http://ssaohoattorneys.proboards.com/
ReplyDelete