From a memorandum sent to all Social Security Administrative Law Judges (ALJs) today by the Chief ALJ:
... Considering the necessity for quality, timely, and policy compliant hearings and decisions, and historical data, scheduling an average of at least fifty (50) cases for hearing per month will generally signify a reasonably attainable number for the purposes of this contractual provision [the contract is between Social Security and the ALJ union]. I want to emphasize that this provision concerns the number of hearings scheduled, not cases heard or dispositions issued. Accordingly, if you schedule at least an average of fifty (50) cases for hearing per month during a twelve-month rolling cycle, then management generally will determine you have scheduled a reasonably attainable number of cases for hearing for the purposes of this contractual provision. Conversely, if you schedule fewer than an average of fifty (50) cases for hearing per month during a twelve-month rolling cycle, then management likely will determine you have not scheduled a reasonably attainable number of cases for hearing, unless there are extenuating circumstances. ...
When, after consideration of all factors, management determines that you have not scheduled a reasonably attainable number of cases for hearing, they will inform you of the determination and of the possibility that your ability to telework may be restricted. If management concludes there is no acceptable reason for not scheduling a reasonably attainable number of hearings, then they may restrict telework by not approving telework or canceling previously approved telework days. Again, management will consider any extenuating circumstances in making this determination....
