Social Security News

Jan 7, 2009

ALJs With Highest And Lowest Reversal Rates

The database posted by The Oregonian makes it possible to generate a list of Administrative Law Judges with the highest and lowest reversal rates, that is the rate at which they approve claims. These lists are somewhat misleading since they include ALJs in supervisory positions and ALJs who retired early in the year, but here are the lists of the highest and lowest, with their total dispositions.

Highest Allowance Rates

Judge Name	Decisions	Total Dispositions	Fully Favorable	Partially Favorable	Approval Rate	Unfavorable	Denial Rate	Year
BURKE, JAMES A	899	958	832	35	91%	32	3%	2008
WASHINGTON, CALVIN	1,038	1,106	981	27	91%	30	3%	2008
WHITE, DOUGLAS G	455	481	430	6	91%	19	4%	2008
STOREY, PETER B	214	223	204	2	92%	8	4%	2008
BUEL, SR., TOBY J	474	501	461	3	93%	10	2%	2008
KRAFSUR, GERALD I	618	657	599	13	93%	6	1%	2008
SMITH, MANNY	378	404	362	13	93%	3	1%	2008
TAYLOR, II, HARRY C	989	1,020	942	7	93%	40	4%	2008
ALDEN, NANCY	442	464	415	19	94%	8	2%	2008
GORMLEY III, MATTHEW J	63	66	61	1	94%	1	2%	2008
DAUGHERTY, DAVID B	1,250	1,291	1,238	1	96%	11	1%	2008
O'BRYAN JR., W HOWARD	1,690	1,750	1,670	10	96%	10	1%	2008
WIEMAN, F. JOSEPH	57	59	54	3	97%	0	0%	2008
GARMON, OLLIE	145	146	145	0	99%	0	0%	2008
CRISTAUDO, FRANK	1	1	1	0	100%	0	0%	2008

Lowest Allowance Rates

Judge Name	Decisions	Total Dispositions	Fully Favorable	Partially Favorable	Approval Rate	Unfavorable	Denial Rate	Year
MASON, THOMASINE G	3	3	0	0	0%	3	100%	2008
RUCKER, JAMES R	0	1	0	0	0%	0	0%	2008
ABRAMS, RICHARD L	108	150	11	5	11%	92	61%	2008
ABRUZZO, DOUGLAS W	185	233	21	6	12%	158	68%	2008
ORR, WALTER	254	339	36	5	12%	213	63%	2008
WRIGHT, ROBERT	524	3,154	379	40	13%	105	3%	2008
FAVA, ANTHONY	39	43	4	2	14%	33	77%	2008
HARPER, RICHARD H	223	1,028	130	12	14%	81	8%	2008
DOMBECK, JAMES E	285	1,289	155	36	15%	94	7%	2008
KUPERSMITH, LINDA E	99	176	24	5	16%	70	40%	2008
PADILLA, MELVIN A	296	335	27	26	16%	243	73%	2008
RODRIGUEZ, GILBERT	449	479	68	13	17%	368	77%	2008
VANDERHOOF, GARY L	835	1,000	142	29	17%	664	66%	2008
BARR, HARRY H	138	158	26	3	18%	109	69%	2008
BLUCHER, JONATHAN P	252	280	20	30	18%	202	72%	2008

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Jan 6, 2009

First Appearance By Patty Duke For Social Security -- And I Find It Spooky

I had posted earlier that Patty Duke had agreed to be a spokesperson for Social Security. Here is a press release touting her first appearance in this role, this time promoting filing claims online, which will probably be the only thing she will be promoting.

The press release also mentions that "Cathy Lane" will be part of the promotional effort. Ms. Duke portrayed someone named "Patty Lane" on her old television show from 1963-1966, as well as someone named "Cathy Lane," who was supposed to be her identical twin cousin. Patty Duke is bipolar. Portraying two characters on her old television show was entertainment. For a bipolar woman to resurrect that second character more than 40 years later is more than a little spooky,to me ,but maybe I am just too familiar with psychiatry. How many people remember that old television program anyway, much less remember that Patty Duke portrayed two characters? I must have seen the show, but I had no recollection of it and had to look it up. Maybe it was just too girly for the teen-aged boy that I was then.

Update: The video that Patty Duke did is now available online and I find it weird. No one but the most ardent Patty Duke fans will be able to appreciate the references to her old show. Was this the theme music to her old show? Something like the old set? I think this is going to mystify a lot of people.

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

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Jan 5, 2009