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Post by Legal Beagle on Jul 11, 2009 10:09:25 GMT -5
From today's New York Times: Surging caseloads and a chronic lack of resources to handle them are taking a toll on judges in the nation’s immigration courts, leaving them frustrated and demoralized, a new study has found. The study, published in a Georgetown University law journal, applied a psychological scale for testing professional stress and exhaustion to 96 immigration court judges who agreed to participate, just under half of all judges hearing immigration cases. The survey found that the strain on them was similar to that on prison wardens and hospital physicians, groups shown in comparable studies to experience exceptionally high stress. I wonder what you would find if you did the same study with Social Security Administrative Law Judges. -- Posted By Social Security News socsecnews.blogspot.com/2009/07/i-wonder.html
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Post by onepingonly on Jul 11, 2009 11:08:08 GMT -5
Based on what I observed in the office prior to training, and what the trainers are saying, the stress seems manageable for SSA ALJs compared to other litigator or judge jobs out there. I may be in a fool's paradise at this early stage, but it's something to consider if Immigration comes a-calling.
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Post by southerner on Jul 11, 2009 21:04:48 GMT -5
I concur with OPO. There is stress in any professional position, but it is certainly of manageable proportions. I can say that the 5 judges assigned to my current office from 2008 classes are doing well. Yes, there is some stress, but all are handling it well and we interact often with other newbie ALJ's from nearby ODAR office.
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Post by johnthornton on Jul 12, 2009 6:51:38 GMT -5
I think that most Social Security ALJs can relate to these complaints:
>“We judges have to grovel like mangy street dogs” to win exemptions from unrealistic goals to complete cases, one judge commented. Another wrote of the “drip-drip-drip of Chinese water torture” from court administrators demanding more and faster decisions. A third judge cited “the persistent lack of sufficient time to be really prepared for the cases,” while still another said simply, “There is not enough time to think.”"
The difference, of course, is that we are (allegedly) protected by the APA from discipline for failing to meet these "goals." Still, the pressure to meet the goals, despite adequate staff, is ever-present.
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Post by privateatty on Jul 12, 2009 20:20:10 GMT -5
lb comes from private practice. I suspect she worked weekends, holidays and much more than 40 hr work weeks.
Any newbies plan on doing that now? And if so, how long?
Private practice requires at least, if not alot more, than 2000 hours a year. Rarely do you get two weeks off and you gotta do a minimum of 50-60 hours a week to achieve your goals. Read Grisham's "The Associate".
I'm sorry, but a stint in private practice would tend to jar the complainers into realizing that their gig is pretty sweet.
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Post by nothingventured on Jul 13, 2009 9:59:05 GMT -5
Some of us from the class of 2008 would work longer hours if we could. I don't know if it's an agency rule or an office by office determination, but my office makes me leave at 6 pm. Until an ALJ reaches the 1 year mark he/she cannot work at home so no files can go home with the ALJ. Thus, even if we are so inclined, we cannot work the kind of hours we put in at private practice or even in other non-federal governmental positions. For me, this presents a problem. I routinely see files with 500 or more pages of medical records. On one memorable day, I had 7 hearings and 5,000 pages of medical evidence to review. I would very much appreciate advice on how to be more efficient and still be prepred given the size and complexity of the cases I see.
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Post by decadealj on Jul 13, 2009 10:46:24 GMT -5
Unfortunately the e-file has made reviewing the record an almost impossible task because it takes so much time to even open a 500 page VA record. I think over time you will learn to be a little bit selective. I ensure I review all treating source notes and opinions, medical reports, CEs, and read the articulated basis for DDS M.D. or PhD opinions. I review the disability report, function report, ER queries and work history. I scan nursing notes and skip the administrative DDS and VA couseling stuff and routine blood tests. The real problem is what has not been included in the e-file like prior applications, prior ALJ decisions (at least within the last two years) or worst of all records submitted by the claimant or rep in the month before the hearing without being exhibited; always check the case doument section to ensure everything has been exhibited that needs to be. In represented cases, especially with voluminous last minute VA records, I tell the rep to tell me what is important so I don't miss something. It used to be so much easier with a rubber thumb bob to flip through the pages but paper isn't coming back and we can only hope the technocrats will come up with a faster way to open these files, let alone avoiding system breakdowns. Finally let the writers know you depend on them to be a backstop and welcome them to tell you when they think you may have missed something. Its an awesome responsibility and we need all the help we can get. Good luck
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Post by alj on Jul 13, 2009 11:13:10 GMT -5
Some of us from the class of 2008 would work longer hours if we could. I don't know if it's an agency rule or an office by office determination, but my office makes me leave at 6 pm. Until an ALJ reaches the 1 year mark he/she cannot work at home so no files can go home with the ALJ. Thus, even if we are so inclined, we cannot work the kind of hours we put in at private practice or even in other non-federal governmental positions. For me, this presents a problem. I routinely see files with 500 or more pages of medical records. On one memorable day, I had 7 hearings and 5,000 pages of medical evidence to review. I would very much appreciate advice on how to be more efficient and still be prepred given the size and complexity of the cases I see. If it takes you longer than 40 to 45 hours a week to do your job, you are biting off more than you can chew. It took me a few years to learn this. Coming from outside the agency, a 40 hour work week seemed like working a part time job. You probably need to cut back on the number of hearings you hold so you can get your work finished in a government work week.
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Post by ruonthelist on Jul 13, 2009 11:51:40 GMT -5
I don't know if it's an agency rule or an office by office determination, but my office makes me leave at 6 pm. It's in the AALJ contract, Article 14, Section 3 (devoted to flextime): "B Judges can start as early as 6:30 a.m. and leave as late as 6:00 p.m."
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Post by arlene25 on Jul 13, 2009 11:57:45 GMT -5
Finally let the writers know you depend on them to be a backstop and welcome them to tell you when they think you may have missed something. Its an awesome responsibility and we need all the help we can get. Good luck What decadealj noted is where some of the frustration is in being an AA at ODAR. We are the backstop not only for the ALJ who hasn't had time to review the whole file (best case) or doesn't review the file at all (most in my office), but the SCTs and other staff who are doing quick pulls.
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Post by nonamouse on Jul 13, 2009 12:46:44 GMT -5
New ALJs can and do work more than 40 hour weeks. I have from the start. You must come in early to have 10.5 hours of potential work hours within the window given (plus the 1 hour for lunch that they won't give you credit for even if you get no lunch during hearings). New ALJs can also work on weekends if the office is open for OT for staff, so in many offices that means Saturdays or Sundays. I have "unofficially" worked past 6pm and no one cares so long as you don't try to claim the hours for credit hours.
For some of us hired in 2008 the flexiplace has begun or is soon to begin. Our office burns a cd as a back up in case the eView is acting up during a hearing, so we can take a file and a laptop home to prep for hearings so long as we are not using electronic markings. Even reviewing the night before won't eliminate reps/attorneys dumping new evidence into the electronic folder that pops up on the day of the hearing, but at least the flexiplace will allow me to be comfy at home if I need additional prep time.
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Post by privateatty on Jul 13, 2009 21:19:08 GMT -5
Some of us from the class of 2008 would work longer hours if we could. I don't know if it's an agency rule or an office by office determination, but my office makes me leave at 6 pm. Until an ALJ reaches the 1 year mark he/she cannot work at home so no files can go home with the ALJ. Thus, even if we are so inclined, we cannot work the kind of hours we put in at private practice or even in other non-federal governmental positions. For me, this presents a problem. I routinely see files with 500 or more pages of medical records. On one memorable day, I had 7 hearings and 5,000 pages of medical evidence to review. I would very much appreciate advice on how to be more efficient and still be prepred given the size and complexity of the cases I see. If it takes you longer than 40 to 45 hours a week to do your job, you are biting off more than you can chew. It took me a few years to learn this. Coming from outside the agency, a 40 hour work week seemed like working a part time job. You probably need to cut back on the number of hearings you hold so you can get your work finished in a government work week. I can't wait. 6 to 6 works for me, with weekends off? Yum.
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Post by aljsouth on Jul 14, 2009 10:12:57 GMT -5
I have "unofficially" worked past 6pm and no one cares so long as you don't try to claim the hours for credit hours.
This might be considered an illegal donation to the government. I am not an expert on this, but government employees are banned from donating time to the government.
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Post by Legal Beagle on Jul 14, 2009 18:53:50 GMT -5
I am going to have to check the claimants' Facebook and MySpace pages from my computer at home, since SSA has blocked access from the Agency and Agency computers - even though us newbies can't work at home for a year. I am driving my SA crazy over this!
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Post by milagros on Jul 15, 2009 8:43:08 GMT -5
OK, I'll bite. I don't think an ALJ should be checking the claimants' Facebook or MySpace pages. The ALJ is supposed to make his/her decision based on information contained in the record. (Are you adding the facebook page to the record as an exhibit?)
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Post by Legal Beagle on Jul 15, 2009 11:40:57 GMT -5
OK, I'll bite. I don't think an ALJ should be checking the claimants' Facebook or MySpace pages. The ALJ is supposed to make his/her decision based on information contained in the record. (Are you adding the facebook page to the record as an exhibit?) I had heard of another judge asking the claimant about his / her online activities as an indication they can do work. I plan on using the info only to ask the claimant about his or her activities. If he /she lies, I may introduce the pages or continue that hearing and give them to counsel.
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Post by aljsouth on Jul 15, 2009 12:25:55 GMT -5
OK, I'll bite. I don't think an ALJ should be checking the claimants' Facebook or MySpace pages. The ALJ is supposed to make his/her decision based on information contained in the record. (Are you adding the facebook page to the record as an exhibit?) I had heard of another judge asking the claimant about his / her online activities as an indication they can do work. I plan on using the info only to ask the claimant about his or her activities. If he /she lies, I may introduce the pages or continue that hearing and give them to counsel. Don't continue hearings over this. Put them in evidece, sure. If counsel wants time to respond, give five days to respond in writing. Don't be surprised if some clamiant or rep files a claim you made yourself biased by doing this. Don't expect the agency to stand behind you.
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Post by privateatty on Jul 15, 2009 13:17:09 GMT -5
Independent investigation by a trier of fact is a can of worms and may well be fatally prejudicial. My last jury trial the forewoman of the jury went on the internet to dispute my experts numbers regarding fixing a bad house. They thought he was too expensive (which arose from his hourly rate brought out on cross). I was the Plaintiff. Bottom line, they half-gutted my case, even though I won. When I questioned them later, they thought they were doing "the right thing".
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Post by counselor95 on Jul 18, 2009 4:59:21 GMT -5
While an SSA ALJ wears many hats, "investigator" is not one of them. If fraud is suspected, refer to OIG.
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Post by southeastalj on Jul 19, 2009 10:36:23 GMT -5
I am going to have to check the claimants' Facebook and MySpace pages from my computer at home, since SSA has blocked access from the Agency and Agency computers - even though us newbies can't work at home for a year. I am driving my SA crazy over this! This is a remarkably bad idea. The only way I could conceivably find it would be even legal would be to enter in a Report of Contact into to the file that you accessed this information which would have to be in the record before the hearing. If you intend to "ambush" the claimant with the information you found and enter in the actual pages later then you will have to tender those documents and allow the claimant the right to a supplemental hearing. Then wait for the inevitable remand from the District Court for violating the "non-adversarial" nature of these hearings. So you will get to hear all of your denials 2-3 times, brilliant idea.
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