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Post by deltajudge on May 19, 2013 13:52:22 GMT -5
8-)Tell me something new. History speaks for itself.
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Post by philliesfan on May 19, 2013 15:57:08 GMT -5
Fletch: I concur wholeheartedly. I think one of things that some ALJs forget is that there is an individual who is waiting for a decision in every case we hear. We can always get more medical evidence, another CE, medical source statement from a treating source, etc., but will that evidence make the decision any more legally sufficient, while it holds up issuing a decision.
There has been a lot of discussion in other threads about whether litigation experience is necessary for this job. It probably can help. However, more important is the ability to make a decision. Not everyone has that ability. If you do not, this is the wrong job.
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Post by bartleby on May 19, 2013 16:57:45 GMT -5
And I further contend that you are not offering the claimant a full and fair hearing if the case is not properly developed as the Reg's say they should be and fully reviewed by the Judge. To walk into the hearing with only half of the medical evidence and attempt to question the claimant regarding his impairments and limitations is balderdash and you know it. Management is nowing pushing the Judges to develop the record and spent time reviewing it after the hearing, that way the Judge will know what is important.. Again, to arrive at a proper decision, one must have a developed record and knowledge of that record prior to the hearing in order to properly address the claimant, his impairments, his limitations, and his credibility. I have not attacked those of you that may be doing a half-ssed job, but I am getting tired of people slamming me about my attitude. Noone has said that I am wrong in my statements about how the Agency works, only about my attitude. I have no problem making a decision, but I owe it to the American people and the claimants to attempt to make the right decision, not just something to get it out the door. There appears to be a new class of Judges that think they are hearing officers and have no responsibility for professionalism or doing the right thing if it slows down the system. Come on folks, we are passing out $250,000.00 to $400,000.00 worth of benefits and we are supposed to be doing it right. These aren't rubberstamped widgets and they aren't free. We were hired to do it right and to protect the trust fund and the rights of claimants after they have been denied by the Agency. Is your job based on quality or quantity??
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Post by philliesfan on May 19, 2013 17:29:42 GMT -5
I read or at least look at every page of every piece of medical evidence that is in the record before the hearing (I can't read EKG strips, lab tests are not usually that helpful). If a representative asks, I keep the record open to permit them to submit additional evidence. I question the claimant about treatment and testing that might not be in the record and either ask the rep to get it or, if the claimant is not represented, will have staff request it. I will occasionally schedule a CE, but more often than not, the new evidence makes that unnecessary. I will question the claimant about inconsistencies I see in the record or that arise in testimony. So what part of the job am I failing to do? Just because I do not have any problem making goal.
I will admit that the quality of the decision writing in my office is excellent, requiring little editing. As another ALJ told me years ago, there 1500+ ways to do this job, no one of them is wrong.
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Post by ALJD on May 19, 2013 18:32:14 GMT -5
Too much griping in this thread. I'm just going to lock it to give people a chance to chill.
This is NOT the AALJ forum nor do I intend to let it become a clone of it. It's a forum intended to assist ALJ candidates, not therapy for disgruntled ALJs.
More drastic measures will be taken if the same old song keeps on getting played.
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