Let's say a claimant has a hearing before Administrative Law Judge (ALJ) X and is denied. The claimant decides not to appeal the decision but to file a new claim. That new claim is denied at the initial and reconsideration levels. The claimant then requests a new hearing. Are there some hearing offices that automatically assign the claimant's case to ALJ X again instead of assigning the case in rotation to whichever ALJ's name comes up? Is this in accordance with Social Security policy? Does it comply with the provisions of the Administrative Procedure Act that requires that cases be assigned in rotation? I'm not talking about remands here but new requests for hearing.
I thought that a new request for hearing was supposed to be assigned in rotation just like any request for hearing but I am hearing rumors that some hearing offices may take a different approach. Is this actually happening? If so, are these hearing offices supposed to be doing this?