Writers have left en masse, too. The only thing preventing us from repeating the unspeakably horrendous backlogs we saw 10-15 years ago is the total inability to staff the DDS offices in all the GOP-led states, where all the heaviest users of the disability programs and other public assistance live (and shoot each other in the di** every 2-4 years).
It's funny. ALJs are the most pampered bunch of them all. Full-time telework, strong union, no RIFs. Come spend a day with us in the Field Office. We're easy to find, we'll be in all five days.
Why not grow up, quit shouting “ain’t fair” like some petulant baby, and direct your anger at the ones treating you poorly instead of trying to make everyone else as miserable as you?
@12:26 I'm not an ALJ, but I have to give you some credit for continuing to pound the table with these same talking points that anyone in OHO knows are not true. If you don't like your work environment, nobody is stopping you from leaving. And if your adherence to incorrect information re: ALJs and their situation is an indication of your ability to understand and accurately apply Agency policy, the Agency will be better off without you.
Maybe go to law school, pass the bar exam, practice for a few years, apply for ALJ, and make less than private sector counterparts as an ALJ in many instances rather than complaining?
Then you probably want someone who can competently pull, work up, and schedule cases in offices where this occurs, the numbers are relatively consistent. In offices where this isn’t present, dockets are going unfilled.
You can’t decide what you can’t schedule or hear for the most part.
The problem is the business process. OHO has never had a handle on how to process their gigantic caseload in an agile manner. I’m sure many staff involved in the process have plenty of ideas how to improve it and become more efficient. OHO is stuck in its ways.
@11:53. I agree. But during a long career I very rarely heard ALJ’s suggesting any systemic improvements. Their suggestions were always limited to things which would give them greater control over their caseload and docket or otherwise enhance their self-image as independent jurists. The attitude was just get the pesky managers out-of-the-way and let them do things however they wanted.Try to implement the most obvious efficiency improvements and you got blowback like the bill of rights was being thrown out the window.1000 ALJ’s with 1000 different “best practices,” few of whom are willing to admit the need for some standardized practices for the sake of serving claimants more efficiently. Practically took an act of Congress to get them to use a software based ALJ instruction tool so staff attorneys didn’t have to decipher their handwriting. OHO has largely been a component of the ALJs, by the ALJs, and for the ALJs.
@1:08 PM What a bizarre proposal. Why would anyone be a HOCALJ with such a significant extra workload? In problem offices, even the reduced caseload isn't enough to compensate.
Almost Like a Judges are there for the constant pay an to be called judge and order robes from Temu. Eliminate the ALJ, replace with claims adjudicators, remove recon, and SSA needs to issue those OTRs like they used to do when the claim was obvious. I should not have a hearing for a 63, high school grad, no transferable and unable to use primary arm and uses cane in good hand. Even the CE was supportive, but noooooo we are going to go through the farce anyway. Broken system.
That’s a mighty short-sighted take, and one I suspect you’d quickly reverse when the “claims adjudicators” were told they’re expected to deny a certain number of claims each month and that their employment is subject to termination for failure to comply.
Maybe it's time to go back the original hearing examiner positions for SSA disability hearings? Using ALJs for these non-adversarial hearings seems kind of ridiculous and like a colossal waste of resources. No federal rules of evidence or civil procedure involved in disability hearings. It's not like disputes between the government and large corporations at other administrative agency hearings.
ALJs are appropriate because independence is desired and because the process and decisions are subject to judicial review based on the record according to the APA’s standards. This isn’t a layperson’s job unless you want SSA to get it wrong 100% of the time and piss the trust fund away on EAJA fees in a matter of months.
11:19, I’m not sure judicial independence is Guaranteed for the judges either. Remember, LeDude Told management he Intended to make all ODA (OHO) Schedule F, a.k.a. schedule policy/career. I certainly hope the agency reverses position on this, but I also think DOGE wants to control every aspect of government decision-making, including that of judges. I hope any ALJ who voted for the orange monster is sorry now.
Unconvincing. Too many SSA ALJs interpret their "independence" as license to use their own subjective biases to deny or award claims. By the time an SSA ALJ holds hearings, the claims have already been denied twice based on medical expert review of the evidence. If the expert missed something or new evidence provides a basis for changing the outcome, an agency attorney has the ability to issue a decision based on the law and facts. Thousands of ALJs are really not needed to decide non-adversarial disability claims. When you compare what ALJs do at other federal agencies, the SSA ALJ work is just not in the same league.
@8:22. I agree with your last point about the ALJ position not being remotely comparable in terms of responsibilities and demands and basic legal skills as other federal ALJs, and certainly not civil or criminal judges. That is the main reason I think they are massively overpaid (they make more than Senators). The only federal position that I am aware of that is comparable in terms of salary for such a relatively undemanding job is possibly appeals council judge. They don’t even have to hold hearings regularly and can make up to 195K.
But I do think an extremely important purpose is served by holding a hearing. The DDS determinations serve a valuable function as an initial paper review. But they are cursory and faceless. People deserve a chance to be heard in person. That rationale has unfortunately been diluted somewhat since OHO converted to holding most hearings by phone, from their homes.
I also agree with the point made somewhere above that the independence granted by the APA absolutely does not insulate the ALJ‘s from management pressure. Taking away telework or other employment perks, or simply subjecting ALJ’s to greater scrutiny based on pay profiles, has proven effective in influencing outcomes. This was reflected in the decreased pay rates, for instance, after the Huntington debacle and OHO’s follow up actions.
SSA ALJs are not overpaid. They're highly trained and specialized. ALJs possess incredible programmatic knowledge and possess the temperament and skills to conduct hearings and manage a busy caseload. That the job is different from at other agencies does not make it less valuable or important.
Their programmatic knowledge is limited to disability regs. They are flummoxed by most non-disability issues. Embarrassingly so. In terms of knowledge I’d take a TE over an ALJ any day regarding entitlement, eligibility, benefit calculations, income and resource issues. This opinion is based on decades of personal experience.
They are not going to be able to convert every single position in oho into schedule f. The social security act section 704 explicitly limits the number of full time positions that can be converted to confidential, policy making, policy determining, policy advocating to no more than 20
Section 704 of social security act does not say it does not apply to career employees
Employment Restriction
(c) The total number of positions in the Administration (other than positions established under section 702) which—
or (2) have been determined by the President or the Office of Personnel Management to be of a confidential, policy-determining, policy-making, or policy-advocating character and have been excepted from the competitive service thereby, may not exceed at any time the equivalent of 20 full-time positions.
Writers have left en masse, too. The only thing preventing us from repeating the unspeakably horrendous backlogs we saw 10-15 years ago is the total inability to staff the DDS offices in all the GOP-led states, where all the heaviest users of the disability programs and other public assistance live (and shoot each other in the di** every 2-4 years).
ReplyDeleteIt's funny. ALJs are the most pampered bunch of them all. Full-time telework, strong union, no RIFs. Come spend a day with us in the Field Office. We're easy to find, we'll be in all five days.
ReplyDeleteWhy not grow up, quit shouting “ain’t fair” like some petulant baby, and direct your anger at the ones treating you poorly instead of trying to make everyone else as miserable as you?
Delete@12:26 I'm not an ALJ, but I have to give you some credit for continuing to pound the table with these same talking points that anyone in OHO knows are not true. If you don't like your work environment, nobody is stopping you from leaving. And if your adherence to incorrect information re: ALJs and their situation is an indication of your ability to understand and accurately apply Agency policy, the Agency will be better off without you.
DeleteMaybe go to law school, pass the bar exam, practice for a few years, apply for ALJ, and make less than private sector counterparts as an ALJ in many instances rather than complaining?
DeleteNow if they could just increase their productivity to where it used to be.
ReplyDeleteThen you probably want someone who can competently pull, work up, and schedule cases in offices where this occurs, the numbers are relatively consistent. In offices where this isn’t present, dockets are going unfilled.
DeleteYou can’t decide what you can’t schedule or hear for the most part.
So it’s the support staff‘s fault? Classy.
DeleteThe problem is the business process. OHO has never had a handle on how to process their gigantic caseload in an agile manner. I’m sure many staff involved in the process have plenty of ideas how to improve it and become more efficient. OHO is stuck in its ways.
Delete@11:53. I agree. But during a long career I very rarely heard ALJ’s suggesting any systemic improvements. Their suggestions were always limited to things which would give them greater control over their caseload and docket or otherwise enhance their self-image as independent jurists. The attitude was just get the pesky managers out-of-the-way and let them do things however they wanted.Try to implement the most obvious efficiency improvements and you got blowback like the bill of rights was being thrown out the window.1000 ALJ’s with 1000 different “best practices,” few of whom are willing to admit the need for some standardized practices for the sake of serving claimants more efficiently. Practically took an act of Congress to get them to use a software based ALJ instruction tool so staff attorneys didn’t have to decipher their handwriting. OHO has largely been a component of the ALJs, by the ALJs, and for the ALJs.
DeleteTime for the 160+ hearing office chief ALJs and NHC judges to carry a full rotation.
ReplyDelete@1:08 PM
DeleteWhat a bizarre proposal. Why would anyone be a HOCALJ with such a significant extra workload? In problem offices, even the reduced caseload isn't enough to compensate.
unfortunate the recent job posting was cancelled after many of us spent hours on our applications...
ReplyDeleteYup 100%.
DeleteIt will go down much further, there's not going to be any hiring during this administration.
ReplyDeleteGood thing they canceled that ALJ announcement in February 🤪. Never thought I would be this tired of winning.
ReplyDeleteAlmost Like a Judges are there for the constant pay an to be called judge and order robes from Temu. Eliminate the ALJ, replace with claims adjudicators, remove recon, and SSA needs to issue those OTRs like they used to do when the claim was obvious. I should not have a hearing for a 63, high school grad, no transferable and unable to use primary arm and uses cane in good hand. Even the CE was supportive, but noooooo we are going to go through the farce anyway. Broken system.
ReplyDeleteThat’s a mighty short-sighted take, and one I suspect you’d quickly reverse when the “claims adjudicators” were told they’re expected to deny a certain number of claims each month and that their employment is subject to termination for failure to comply.
DeleteAnd the fact that the vast majority of aljs have the exact same approval/denial rate within a few percentage points is different how?
Delete@3:55: It’s probably the illuminati, or whatever even less rational conspiracy theory you’ve come up with
DeleteMaybe it's time to go back the original hearing examiner positions for SSA disability hearings? Using ALJs for these non-adversarial hearings seems kind of ridiculous and like a colossal waste of resources. No federal rules of evidence or civil procedure involved in disability hearings. It's not like disputes between the government and large corporations at other administrative agency hearings.
ReplyDeleteALJs are appropriate because independence is desired and because the process and decisions are subject to judicial review based on the record according to the APA’s standards. This isn’t a layperson’s job unless you want SSA to get it wrong 100% of the time and piss the trust fund away on EAJA fees in a matter of months.
Delete11:19, I’m not sure judicial independence is Guaranteed for the judges either. Remember, LeDude Told management he Intended to make all ODA (OHO) Schedule F, a.k.a. schedule policy/career. I certainly hope the agency reverses position on this, but I also think DOGE wants to control every aspect of government decision-making, including that of judges. I hope any ALJ who voted for the orange monster is sorry now.
DeleteUnconvincing. Too many SSA ALJs interpret their "independence" as license to use their own subjective biases to deny or award claims. By the time an SSA ALJ holds hearings, the claims have already been denied twice based on medical expert review of the evidence. If the expert missed something or new evidence provides a basis for changing the outcome, an agency attorney has the ability to issue a decision based on the law and facts. Thousands of ALJs are really not needed to decide non-adversarial disability claims. When you compare what ALJs do at other federal agencies, the SSA ALJ work is just not in the same league.
Delete@8:22. I agree with your last point about the ALJ position not being remotely comparable in terms of responsibilities and demands and basic legal skills as other federal ALJs, and certainly not civil or criminal judges. That is the main reason I think they are massively overpaid (they make more than Senators). The only federal position that I am aware of that is comparable in terms of salary for such a relatively undemanding job is possibly appeals council judge. They don’t even have to hold hearings regularly and can make up to 195K.
DeleteBut I do think an extremely important purpose is served by holding a hearing. The DDS determinations serve a valuable function as an initial paper review. But they are cursory and faceless. People deserve a chance to be heard in person. That rationale has unfortunately been diluted somewhat since OHO converted to holding most hearings by phone, from their homes.
I also agree with the point made somewhere above that the independence granted by the APA absolutely does not insulate the ALJ‘s from management pressure. Taking away telework or other employment perks, or simply subjecting ALJ’s to greater scrutiny based on pay profiles, has proven effective in influencing outcomes. This was reflected in the decreased pay rates, for instance, after the Huntington debacle and OHO’s follow up actions.
SSA ALJs are not overpaid. They're highly trained and specialized. ALJs possess incredible programmatic knowledge and possess the temperament and skills to conduct hearings and manage a busy caseload. That the job is different from at other agencies does not make it less valuable or important.
DeleteTheir programmatic knowledge is limited to disability regs. They are flummoxed by most non-disability issues. Embarrassingly so. In terms of knowledge I’d take a TE over an ALJ any day regarding entitlement, eligibility, benefit calculations, income and resource issues. This opinion is based on decades of personal experience.
DeleteThey are not going to be able to convert every single position in oho into schedule f. The social security act section 704 explicitly limits the number of full time positions that can be converted to confidential, policy making, policy determining, policy advocating to no more than 20
ReplyDeleteThey're getting around this by keeping the positions career, hence the renaming to Schedule Policy/Career.
DeleteSection 704 of social security act does not say it does not apply to career employees
ReplyDeleteEmployment Restriction
(c) The total number of positions in the Administration (other than positions established under section 702) which—
or
(2) have been determined by the President or the Office of Personnel Management to be of a confidential, policy-determining, policy-making, or policy-advocating character and have been excepted from the competitive service thereby,
may not exceed at any time the equivalent of 20 full-time positions.