So you're an ALJ now......

[apppending]

I wanted to take a moment to post some thoughts which have been on my heart and in my mind these past few months. I feel I should post them now so they will not be viewed as "sour grapes" should my phone not ring with an offer.

To all of us who had an interview, congratulations! As an ALJ friend said to me, hundreds never made it that far, it is a compliment. To all who accepted an offer, the following thoughts are submitted humbly.

Please understand my comments are based on 16 years as an attorney representative. I have participated in hundreds of hearings. I practice at multiple ODAR offices in three different states.

In the past five years, six of my clients have killed themselves while waiting to get a hearing. I have identified two of their bodies for local law enforcement. Six of my current clients are homeless with physical problems (not mental) as I write this thread. Two of the six are living in U.S. Forest service campgrounds or property. I get no less than twenty calls a day, most are clients asking when their hearing will be scheduled and most end up telling my secretary of daily challenges they are having getting medical treatment or just surviving day to day. Hearing dates are about 15 months out.

So here it goes my thoughts...

(1) More than half of you new ALJ's will, within 30 months of your appointment, hate your job. This problem seems to be getting worse rather than better. This really freaked me out because I had planned on applying for an ALJ position, and couldn't understand why these new judges hated their job. I started talking to these new judges and discovered two common denominators. The first was all the judges, without exception, had never practiced social security law prior to appointment and generally had no clue whatsoever about what they were getting themselves into. The shine really came off the job when the reality of the production demands and repetitive nature of the job sunk in. Two have now quit, and two are looking for other positions outside social security. My point is simple, if you hate the job, then transfer or quit. The decision you make in a claimant's case will literally mean life or death to many clients. You will determine whether they will get medical care and funds to survive. While these are not factors in your decision, they are my clients' reality. Please don't take your dislike of the job out on the claimants, please don't assume they are all are freeloaders and fakers, only a very very few are. Please give each a fair hearing. Please develop the record, don't slop through the case to get another decision out this month.
The second denominator was that most had not had prior attorney jobs requiring they deal directly with clients. They had no real idea what the poorest of the poor look like, talk like, smell like. and think like. Their prior jobs kept them at arms length from people. Many quickly formed negative opinions of the people they dealt with.

(2) If you have never been in private practice, then you have no clue whatsoever what private practice is really like. You have likely never had to worry about paying office rent, your secretary, phone bills etc., when you only have a few dollars in the bank. You have probably never had to deal with crazy clients, desperate clients, and dying clients as claimant's attorneys do on a daily basis. Private social security practices are not cash cows. I see many new and longtime ALJ's who view paying a case as giving the attorney unearned money. My yearly phone and postage costs alone equal about two months of your wages. I frequently hear comments about how much money I will or have made because a judge paid a case. Get over it, most reps do the work because they like helping people, they aren't getting rich. Claimant's representatives and attorneys are not the enemy.

(3) Most attorneys haven't been ALJ's. We don't know all the stuff going on behind the scenes. We don't know the stress you are under. Most of us have some idea, but not the whole picture. I have always thought this is your chance to educate us. Again, talk to us.

(4) Relax and talk to the claimants and reps. We know you are the judge, this isn't personal, enjoy the variety. I always try to get to know new ALJs. Tell us what frustrates you or what you see us screwing up. Believe it or not, the majority of attorneys will really try to help resolve whatever is happening. An appeal isn't personal. A remand isn't a slap in the face. Many of us have been doing this for far longer than you. You might even laugh with us about some of the craziness that happens. Talk with us about cases, if you think you need a later onset date, additional info, a new RFC, ask the attorney! Life is too short to stress out.

Just this final thought, you are likely the only face of the government most people will see. Enjoy your appointment......please, please don't lose your humanity.

[Propmaster]

Nice post.

[outtadodge]

Jun 3, 2009 14:42:46 GMT -5 apppending said:

I wanted to take a moment to post some thoughts which have been on my heart and in my mind these past few months. I feel I should post them now so they will not be viewed as "sour grapes" should my phone not ring with an offer.

To all of us who had an interview, congratulations! As an ALJ friend said to me, hundreds never made it that far, it is a compliment. To all who accepted an offer, the following thoughts are submitted humbly.

Please understand my comments are based on 16 years as an attorney representative. I have participated in hundreds of hearings. I practice at multiple ODAR offices in three different states.

In the past five years, six of my clients have killed themselves while waiting to get a hearing. I have identified two of their bodies for local law enforcement. Six of my current clients are homeless with physical problems (not mental) as I write this thread. Two of the six are living in U.S. Forest service campgrounds or property. I get no less than twenty calls a day, most are clients asking when their hearing will be scheduled and most end up telling my secretary of daily challenges they are having getting medical treatment or just surviving day to day. Hearing dates are about 15 months out.

So here it goes my thoughts...

(1) More than half of you new ALJ's will, within 30 months of your appointment, hate your job. This problem seems to be getting worse rather than better. This really freaked me out because I had planned on applying for an ALJ position, and couldn't understand why these new judges hated their job. I started talking to these new judges and discovered two common denominators. The first was all the judges, without exception, had never practiced social security law prior to appointment and generally had no clue whatsoever about what they were getting themselves into. The shine really came off the job when the reality of the production demands and repetitive nature of the job sunk in. Two have now quit, and two are looking for other positions outside social security. My point is simple, if you hate the job, then transfer or quit. The decision you make in a claimant's case will literally mean life or death to many clients. You will determine whether they will get medical care and funds to survive. While these are not factors in your decision, they are my clients' reality. Please don't take your dislike of the job out on the claimants, please don't assume they are all are freeloaders and fakers, only a very very few are. Please give each a fair hearing. Please develop the record, don't slop through the case to get another decision out this month.
The second denominator was that most had not had prior attorney jobs requiring they deal directly with clients. They had no real idea what the poorest of the poor look like, talk like, smell like. and think like. Their prior jobs kept them at arms length from people. Many quickly formed negative opinions of the people they dealt with.

(2) If you have never been in private practice, then you have no clue whatsoever what private practice is really like. You have likely never had to worry about paying office rent, your secretary, phone bills etc., when you only have a few dollars in the bank. You have probably never had to deal with crazy clients, desperate clients, and dying clients as claimant's attorneys do on a daily basis. Private social security practices are not cash cows. I see many new and longtime ALJ's who view paying a case as giving the attorney unearned money. My yearly phone and postage costs alone equal about two months of your wages. I frequently hear comments about how much money I will or have made because a judge paid a case. Get over it, most reps do the work because they like helping people, they aren't getting rich. Claimant's representatives and attorneys are not the enemy.

(3) Most attorneys haven't been ALJ's. We don't know all the stuff going on behind the scenes. We don't know the stress you are under. Most of us have some idea, but not the whole picture. I have always thought this is your chance to educate us. Again, talk to us.

(4) Relax and talk to the claimants and reps. We know you are the judge, this isn't personal, enjoy the variety. I always try to get to know new ALJs. Tell us what frustrates you or what you see us screwing up. Believe it or not, the majority of attorneys will really try to help resolve whatever is happening. An appeal isn't personal. A remand isn't a slap in the face. Many of us have been doing this for far longer than you. You might even laugh with us about some of the craziness that happens. Talk with us about cases, if you think you need a later onset date, additional info, a new RFC, ask the attorney! Life is too short to stress out.

Just this final thought, you are likely the only face of the government most people will see. Enjoy your appointment......please, please don't lose your humanity.

Profound words, Appending. Your remarks certainly make me appreciate more my current job, which involves preparing final agency decisions. Also, while I have not received the long awaited "call" to become an ALJ, the apparent lack of job satisfaction makes it appear to me that even if I had been offered a position, I would probably choose another offer that is currently on the table which involves doing what I currently do, but at a higher grade level. The point I'm trying to make is that I enjoy what I currently do, I do it well, and my work is appreciated by my superiors. To exchange my current job/job offer for an ALJ position (although prestegious to many - including me) with an unfamiliar area of law and unrealistic expectations, although greatly desired, my not be the best career path for me.

Congratulations to all of you who "got the call," and best wishes to all of those still waiting.

[buckeye]

Appending,
I represented claimants for many years before getting an appointment last year. I couldn't have expressed it better.
I always admired my clients just surviving long enough to get a hearing. When they appear before an ALJ, they're typically terrified, after waiting so long, faced with a judge in a robe, an array of computer equipment and other strangers, all staring at them as they walk in. Anything a judge can do to defuse that moment is an act of kindness.
I read your post after a full day of hearings. Anyone that has done many of these, either as an ALJ or in private practice, knows exactly what you're talking about, but its great to get a reminder every now and then.
Hope you get a call, sounds like you'd be good.

[privateatty]

In two years of reading and drafting posts on this Board, this is certainly in the top 5, if not the best.

I have two homeless clients, but don't practice SSA law.

I love what I do. I affirm your sentiments about the reality of representing the homeless and disabled. This is not work for the faint of heart--and having one is always an asset. So many lawyers don't.

Well done, apppending! And good luck!

[decadealj]

appending- appreciate your post and you are obviously one of the pros that I love to see represent a claimant but i have to tell you that there are alot of disability mills with not so conscientious reps who are causing alot of the delay you are concerned abiut. I am referring to those who show up the day of the hearing not having talked to the claimant in months, and who want to hold the record open while they explore some new impairment or barcode-in 800 pages of VA records the night before or morning of the hearing. To those of us who practiced for decades in the federal courts, it is incredible negligence that marks far too many advocates efforts and most are attorneys. That is what causes so many ALJs to hate their jobs. Its not just the practice but feeling as though you area an accessory to behavior by an agency that blows its horn while causing so much misery by refusing to fund the early development of cases. But the BAR, includig NOSSCR, bear alot of responsibility for what has happened. If you have practiced as much as you say, you have seen it. But your caution to all ALJs is certainly warranted and welcomed. To those who are relgious you may ask what you are going to say when THE MAN asks "what did you do with the opportunity to feed my sheep"? Its an awesomwe responsibility folks!

[aaa]

Something I have tried to do in all my hearings is to make the claimant feel relaxed and let them know that I know their case and am interested in what they have to say. I tell all my claimants thank you for coming to give me their testimony and I always try to remember to ask them if they've had the chance to tell me everything they wanted me to know. I very much try to be respectful of all claimants. I certainly try to remember but for my fortunate circumstances I could easily be sitting in their place. Throughout my legal career I have tried to remember that it's easy for me to understand the law and procedures and what's going on but that most claimants are not well versed in the process and the requirements and that all they know is they hurt, they're destitute, they believe they are disabled, and they've waited a long time for a hearing so they're probably angry as well. Each has a different set of circumstances that has brought them to where they are today.

So Appending, very well said. Probably the best compliment I ever got in a hearing was when a claimant told me they wished I'd been their mother when they were growing up and maybe things would have been different for them. Very humbling.

[shadow]

Tremendous post - I hope we hire you Appending, because your heart is in the right place. That said, I hope the 50% job dissatisfaction rate isn't accurate. I've been at it since April '08, actually holding hearings since June '08 when we came back from training.

I can't tell you what I will think after 30 months, but I am very happy now. I wasn't crazy about relocating because my wife and I wanted to remain close to our kids and grandkids, but the job itself is wonderful. You are right, many of our claimants are on their last legs by the time they get to us, and the opportunity to be a cog in the machine that finally helps them is a privilege. I have had some claimants die before their cases could be heard, and that is indeed a tragedy.

From my experience, there are only a small minority of claimants trying to cheat the system, as you said, but there are a few, and being part of the process that ferrets them out is a privilege as well.

I should be clear on this, the vast majority of claimants who are denied are not dishonest people, but close cases, people who have legitimate medical issues and really believe they are entitled to benefits. I never deny, or grant, a case lightly.

So far, I have managed to sleep every night, and every morning I wake up actually looking forward to going into work. The job ain't perfect, but it will do until the perfect one comes along. Congratulations to all the new hires, and to those not fortunate enough to get hired this time, keep trying. The job is worth it.

[corrina]

I'm most grateful for your post -- timely and to the true heart of things.....excellent.

[zarco522]

Thank you for this excellent reminder. I am printing it out to re-read when necessary.
Good luck!

[admindps]

Thank you for your post. It confirms some of the suspicions I have had since I elected to apply almost a year ago. I have not received a call yet but if I do your insights will most definitely be factored in. I love what I do now, get paid relatively well, have plenty of quality time to spend with my cherished family without the stress of a job I hate, live in a beautiful part of the country and am blessed to say my current work allows me to be fulfilled helping others resolve their differences.

While I would like to advance my career to the next level by being an ALJ I wonder at what cost is it worth it. Perhaps I won't have to worry about it if my call never comes or perhaps, if I do get the opportunity, I must consider if I am being called outside of my relative comfort to serve others who appear among the poorest of the poor in our great country. Deliberations and prayers continue . . .

[phillydog]

I suppose I have been a lurker who has read the board for quite a while but has not been moved to post. I also wanted to express my admiration for apppending's thoughts. I have been a legal aid lawyer for almost 25 years and have done a lot of social security work. I am on the cert too and no calls this go-around. The post captures some important truths about the client community. I too have clients living in campgrounds. I had a client who met a cancer listing die the day he received his retro check. He coughed and retched in my car the entire way as I drove him to his hearing. It is a ride I will never forget.

The delays are crazy and they are making people crazy. You can't live on no money but that is pretty routine with people getting farther and farther behind as they wait for hearings. The evictions, foreclosures and repos are a constant fact of life.

I agree that treating the clients with respect is of utmost importance. So many have been through unspeakable trauma. From representing claimants, I have seriously come to believe that PTSD is grossly underdiagnosed. Everybody has a story and while there are schemers, I too agree that the great majority are on the level and are applying for legit reasons.

[alj]

On the other side of the coin, I have been doing the job for 14 years, and I don't hate my job. I dislike a lot of the agency silliness, but I enjoy coming to work each day and having the interaction with the office staff, the claimants and the attorneys. Of course this will probably change when the agency, in its wisdom, completes its transition to a totally electronic environment--no paper notes, no paper nothing. Then I shall probably move on to something more fun.

[darious]

I, too, will copy and keep your post. It is a solemn reminder of the power we hold that should never be taken lightly. I once reminded one of our more pompous judges that "you are not important, the job you do is. Be kind, be humane." Your post moved me to tears.

[puravida]

Excellent post. I think it is very important for judges to always keep in mind that the cases they adjudicate are not just cases; they are people. I supervise administrative judges in another federal agency, and periodically remind my folks that we should treat complainants the way we would want our family members to be treated if they were in this system. That doesn't mean we rule in their favor, but we treat people respectfully and keep in mind what it's like in their shoes - in a legal system they don't understand. Best wishes to you, apppending.