From Government Executive:
A pair of senators is looking to reverse a recent executive order issued by President Trump to remove administrative law judges from the competitive service, which critics have warned could strip the executive branch employees of their independence.
President Trump in July issued an executive order that would allow agency heads to pick whomever they wish to be administrative law judges, provided they are active lawyers or judges. Previously, the Office of Personnel Management independently vetted candidates, and then submitted to agencies a short list of potential names.
The new bill, introduced by Sens. Maria Cantwell, D-Wash, and Susan Collins, R-Maine, would restore the government’s 1,900 ALJs—most of whom work for the Social Security Administration—to the competitive service. The reversion would ensure OPM makes hiring recommendations based on “qualifications and competence,” the senators said, rather than any arbitrary justification political appointees choose. ...
ALJs might have been hired based upon an assumption of their competence, but nothing is ever done about them once appointed to assure their competence. I am not aware of any repercussions for those who repeatedly make the same mistakes in decisions and are remanded regularly. I think they should be appointed similar to the U.S. Magistrates - given six year terms, and when that is up, the Courts solicit comments from the bar and public about re-appointment.
ReplyDeleteSpot on. It wasn’t that long ago that ALJ’s were under the General Schedule. So what changed that?
DeleteThe article is slightly off, as an existing ALJs were grandfathered in as competitive service. But getting the GOP cosponsor is huge, even if Collins is the to left of about half a dozen Democratic senators these days.
ReplyDeleteRemember to raise this issue on every fully favorable decision.
ReplyDeleteSupreme Court said claimants get rehearing only if they object, not in cases where claimants are satisfied and don't object. If you don't the law, go complain to the Supremes.Court, not here.
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