Why There Aren't Any Class Actions On The Backlogs

I have been asked many times why those representing Social Security claimants do not bring a class action lawsuit concerning the terrible delays suffered by Social Security disability claimants who request hearings on their cases. This has been tried before. Here are a few excerpts from the decision of the Supreme Court in Day v. Heckler, 467 U.S. 104 (1984):

In November 1981, the District Court issued an injunction in favor of the statewide class that "ordered and directed [the Secretary of Health and Human Services, which, at the time, included the Social Security Administration] to conclude reconsideration processing and issue reconsideration determinations within 90 days of requests for reconsideration made by claimants." The injunction also required ALJs to provide hearings within 90 days after the request is made by claimants. Finally, it ordered payment of interim benefits to any claimant who did not receive a reconsideration determination or hearing within 180 days of the request for reconsideration or who did not receive a hearing within 90 days of the hearing request. ...

Legislation enacted by Congress in 1980 and 1982 is fully consistent with the repeated rejection of proposals for mandatory deadlines and with efforts by Congress to ensure quality and uniformity in agency adjudication. ...

In light of the unmistakable intention of Congress, it would be an unwarranted judicial intrusion into this pervasively regulated area for federal courts to issue injunctions imposing deadlines with respect to future disability claims. ...

Note just how badly our expectations of what Social Security should be expected to do have declined since this decision. Where would we be if the decision had gone the other way?

Most Productive ALJs

The database posted by The Oregonian makes it possible to generate a list of the most and least productive Administrative Law Judges (ALJs) in the country. I am not going to bother posting a list of the least productive ALJs in the country since it would be misleading. I can recognize many of those who would be on the list as being in supervisory positions. Others were sick or retired or died early in the year. Here is a list of the most productive Social Security's ALJs in fiscal year 2008.

Judge Name	Decisions	Total Dispositions	Fully Favorable	Partially Favorable	Approval Rate	Unfavorable	Denial Rate	Year
BUSICK, DENZEL R	838	945	649	49	74%	140	15%	2008
SPARKS, JAMES A	860	975	715	11	74%	134	14%	2008
PILOSENO, JR., DANIEL A	892	1,544	871	10	57%	11	1%	2008
BURKE, JAMES A	899	958	832	35	91%	32	3%	2008
DAWSON, MARK R	901	974	579	40	64%	282	29%	2008
CONGER, JR., PAUL S	905	981	816	10	84%	79	8%	2008
JEWELL, W. GARY	920	1,188	860	24	74%	36	3%	2008
MANICO, WILLIAM M	941	971	780	16	82%	145	15%	2008
TAYLOR, II, HARRY C	989	1,020	942	7	93%	40	4%	2008
WASHINGTON, CALVIN	1,038	1,106	981	27	91%	30	3%	2008
DAUGHERTY, DAVID B	1,250	1,291	1,238	1	96%	11	1%	2008
MCGRATH, FREDERICK	1,380	1,679	815	94	54%	471	28%	2008
BUNDY, W. THOMAS	1,450	1,732	400	93	28%	957	55%	2008
O'BRYAN JR., W HOWARD	1,690	1,750	1,670	10	96%	10	1%	2008
BRIDGES, CHARLES	1,939	2,194	1,820	23	84%	96	4%	2008

71 72 73

Social Security News You Missed Over The Holidays

If you have been too distracted by the holidays over the last two weeks to visit Social Security News, welcome back! Here are some posts you missed:

• Encounter With Social Security "Computer Doodie" In Minnesota
• Letters from important Senators and House Members about Social Security's operating budget
• A Social Security News Poll
• December 2008 hearing backlog report
• My wild ass guesses for 2009
• The billion dollar judge
• A public database showing Administrative Law Judge dispositions
• Judge Judy gives a lecture
• My online Christmas card
• Lisa de Soto crows about great successes in the face of miserable failure
  

Most Popular Posts Of 2008

1. April 8 -- List of New ALJs
2. January 9 -- ALJ With Second Federal Job
3. April 17 -- Emergency Message On Social Security Debit Cards
4. October 4 -- Pay Raise But Problems For Social Security
5. January 29 -- Astrue Partially Suspends Regulatory Proceedings
6. September 23 -- Big COLA Coming
7. January 11 -- ALJ Goosens Arrested
8. October 10 -- The Social Security Plum List
9. July 3 -- Binder And Binder Lawsuit
10. April 21 -- Master and Sub Accounts -- And Allsup

Department Of Justice On Social Security Cases

The Department of Justice put out in November 2004 and January 2005 a series of articles on handling fraud cases involving Social Security. The articles were intended for staff at the Department of Justice and U.S. Attorney's offices. Although these are a little old, they might be of interest to an attorney representing someone in a case involving an allegation of fraud.

Encounter With Social Security "Computer Doodie" In Minnesota

I missed this one from last summer in The Daily Journal of Fergus Falls, MN, but it is still relevant:

Last Tuesday I finally got up the ambition to go to the Social Security Office.

The doctor advised me to get the process going seeing as I have degenerative disc disease. Yeah right, okay, um. Well this sucks.

And so last Tuesday I went to the brand spankin’ new SSO, new state of the art building, new parking lot.

We were the only vehicle in the parking lot. It was about 2 in the afternoon. I walk in and the first person I meet is a police officer packing a gun. I’m thinking, this is Fergus Falls. Population 12,000.

And why would the SSO need this type of protection? Are people that crazy? Anyway, I look at him, he looks at me and says, “Sign in over there.”

I looked to where he was pointing and it was this black kiosk? Is that what they’re called? A little island computer doodie that asks me three questions: Do you have an appointment? Do you want an appointment? Do you want to talk to someone? I clicked on I “want to talk to someone.”

This little machine on the right spits out a paper that said I was number 65. I looked around the room, wondering where the other 64 were.

I was the only person/customer in there. The officer told me that my number would be called next. I’m not kidding.

I sat down in a chair that was facing the window, bullet-proof glass, I think, that enclosed the social security workers that I figured I’d be talking to. I sat right in their eye view. While they were talking about the happenings over the 4th of July, the food, someone getting drunk and hurting their shoulder, the boy getting sunburned, I looked around.

Nice shop. Important shop. Must be. Armed guard, bullet-proof glass, numerical punch combination lock on the main door to the offices. Whew!

This is damn important.

And while I sat there waiting, those women just kept talking about potato salad and their teen-aged daughters, and did you see what she was wearing?

This important place was nicely air conditioned, so I didn’t mind, although I started thinking about our tax dollars.

And the longer they talked the more unimportant I began to feel. Feeling unimportant in an important place that your tax dollars are supporting…well, I think I understand why they have an armed police officer there.

Some people, customers, or taxpayers might get a little fidgety. Not me. I just sat there in the wonder of it all.

After about 10 minutes, one of the women must have gone back to her own desk.

Then I heard, I am not kidding, my number being called out over an intercom. “Number 65! Number 65!”

You can’t make this stuff up.

Here I am, the only one in the room, a room the size of Pizza Hut, (in fact, Pizza Hut is right across the street), and it takes an intercom, apparently, to get my attention when I have been in her eye sight for the past 10 minutes. I am amused.

I walk up to the bullet-proof glass and here is this young woman speaking into a microphone that looks like something a DJ would use. She asks me how she can help me. I tell her that I need the forms to fill out for Social Security Disability. She tells me that I’ll have to make an appointment. I tell her that I will just fill them out online instead.

I left there thinking, “Wish I had her job.” A receptionist for the Social Security Office. A Federal employee. Sweet.

I have since decided to change my career path.

Senate Letter Regarding Social Security Appropriations For Current Fiscal Year

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House Letter Regarding Social Security Appropriations For Current Fiscal Year

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