Page 64-65: Justice For such: It the government's argument that its failure to provide timely hearings should be an excuse not to comply with other requirements? I have read several Federal Court and higher cases. SSA ALWAYS argues about the number of claims and waiting times and expense of a longer (fairer?) process... as if the wheels of "justice" must proceed... no matter how many claimants get run over. I think SSA will lose this case, but the court will try to limit the scope.
I didn't thing the Asst. Solicitor General crushed it at all. In fact I felt that Bhabha held back.
Had the argument shifted to include not only the VE's inability to articulate how the statistics they recite were derived but to also include how out of date the DOT actually is it may well have resulted in a massive shift in how claims are evaluated and hearings are held.
I do agree that the court will limit the scope of its decision. I am sure many reps who read this board have heard VE's cite how they came up with the stats they cite as "that is what occubrowser gave me and it pulls its numbers from the BLS" Many (if not most) VE's are wholly unprepared and do not want to go down the road of answering statistical methodology questions.
One of the negative things about this SCt Decision may well be longer hearings, more detailed VE cross examinations and likely many more AC appeal and FDC cases.
We are supposed to have 'fair hearings'. If it takes a little to get one, that's the whole point. I've often been curious where all these silver wrappers, stuffers, and weight testers came from. I'm pretty old and I've never met one.
@1:55 Imagine a one-armed silver wrapper. I had a VE in New Orleans claim that such was possible and the ALJ accepted her testimony. Thankfully the AC remanded and we got a good result after a new hearing with a different VE.
The only silver wrappers I have ever come across are parts of composite jobs with hostesses or servers. If an establishment needs to employ a full time silver wrapper, they will just buy a machine to do it instead because it is cheaper in the long term. Just look up quiqsilver to see the machines they market and how they market them as a cost saver. To paraphrase Tenacious D, It's automation, Holmes!
6 comments:
Page 64-65: Justice For such: It the government's argument that its failure to provide timely hearings should be an excuse not to comply with other requirements?
I have read several Federal Court and higher cases. SSA ALWAYS argues about the number of claims and waiting times and expense of a longer (fairer?) process... as if the wheels of "justice" must proceed... no matter how many claimants get run over. I think SSA will lose this case, but the court will try to limit the scope.
The assistant Solicitor General crushed it. But Kavanaugh, Mr. "Unitary Executive", seemed unimpressed with ALJ administrative burden.
I didn't thing the Asst. Solicitor General crushed it at all. In fact I felt that Bhabha held back.
Had the argument shifted to include not only the VE's inability to articulate how the statistics they recite were derived but to also include how out of date the DOT actually is it may well have resulted in a massive shift in how claims are evaluated and hearings are held.
I do agree that the court will limit the scope of its decision. I am sure many reps who read this board have heard VE's cite how they came up with the stats they cite as "that is what occubrowser gave me and it pulls its numbers from the BLS" Many (if not most) VE's are wholly unprepared and do not want to go down the road of answering statistical methodology questions.
One of the negative things about this SCt Decision may well be longer hearings, more detailed VE cross examinations and likely many more AC appeal and FDC cases.
We are supposed to have 'fair hearings'. If it takes a little to get one, that's the whole point.
I've often been curious where all these silver wrappers, stuffers, and weight testers came from. I'm pretty old and I've never met one.
I particularly like Sotomayor's comment about VE's pulling the job numbers out their hat.
No, Justice, not their hat but somewhere else lower down.
@1:55 Imagine a one-armed silver wrapper. I had a VE in New Orleans claim that such was possible and the ALJ accepted her testimony. Thankfully the AC remanded and we got a good result after a new hearing with a different VE.
The only silver wrappers I have ever come across are parts of composite jobs with hostesses or servers. If an establishment needs to employ a full time silver wrapper, they will just buy a machine to do it instead because it is cheaper in the long term. Just look up quiqsilver to see the machines they market and how they market them as a cost saver. To paraphrase Tenacious D, It's automation, Holmes!
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