A Week in the Life of....

[jagghagg]

I've heard a bit in the "Boredom" thread about what it is actually like to BE an ALJ, but, if those-in-the-know would be willing to share, I would like to hear about the day-to-day goings-on in an average week in the life of an active ALJ; the particularities. (..... Think of it as a reality show script: "So You Wanna Be Judge Roy Bean?" Ok, ...I'm kidding; I'm kidding)....and kidding aside, I would like to hear and I am sure others might like to hear this as well. (While I know an ALJ, I really am in no position to ask this question of him right now - given the fact he is participating in the interviews - so have pity....)

[anotheroldtimer]

You will get as many different responses as there are judges. There really is no typical day.

The main aspect of the job is a juggling act. In order to maintain your docket, you must be in constant motion. Reviewing files for next month. hearing and writing instructions on cases this month, reading and editing cases from last month.....

It is a busy job if you try to do it right. If you just want to show up, flip a coin and let others do the work, you can do that as well. Some do. However, I think that would be boring.

The best part is the hearing. I have been doing this over 10 years and I still enjoy the hearing. Claimants have a story to tell. But be careful, you will hear a constant barrage of testimony about pain, sickness, poverty, misery and troubles. And most of it is actually true. You can't let it get to you.

You deal with attorneys and reps, some good, some not so good. You learn a hellavu lot of medical. You learn what things like ACDF, ASHD, COPD and SLE mean.

The pressure is there for production. And will probably get worse. Be ready for it. You are an employee of the executive branch, not the judicial branch. The only autonomy you have is in how you decide a case.

But, even so, I don't see many leaving before they can retire!

[kingfisher]

. . . and many that won't retire even when they can!

I agree with anotheroldtimer that there are no typical days.

. . . . . . . . . .


Sorry, I just "zoned out" thinking about all the good, the bad and the ugly that I have seen in my hearings in the past few years. It really can get to you. That surprised me because I had previous experience on the bench and I was convinced that this would be the same. I was always a strict constructionist and my view was that if I added together the facts and the law, the answer would be clear, i.e., 2 + 2 would = 4 every time. Some of these cases are not amenable to a mathematical formula. They are interesting and challenging. Perhaps that's why I enjoy it so much. Hmm. . .

[odarite]

kingfisher and anotheroldtimer are exactly right. There are days where you are plugging along and days when you are racing to stay in one place, but there is always a range of things to do, and more work than you have time for, so it keeps you active and involved.

[jagghagg]

Details......I need DETAILS !!!!!

[odarite]

Hmmm. Try this: You will, depending on the office you are in, have about 300-400 cases assigned on your docket at any given moment (of the 300-1500 per ALJ pending in your particular office). You may have 20-30 in status to review so they can be scheduled, 10-20 to review before they are "pulled" (prepared for hearing and exhibited) to determine if they can be paid on the record, 10 or so (I do hope not more, but your mileage may vary) in post hearing status waiting for you to write instructions, 6-20 files that are scheduled for hearing in the next couple days which you need to review and prepare for the hearing, and 5 or 6 decision drafts to edit. Some of these cases will require additional development which you will need to order. You have 8 hours to do as much of this work as you can. Rinse, repeat. Some days you have hearings, then you have to do all this plus hold 5-10 hearings (personal preference for the number, minus the inevitable fall out of cases that are scheduled but don't go for one reason or another).

[southerner]

No. They are not open to the public. There are Privacy Act provisions in place. You would need a waiver from a claimant and permission from a judge, unless you were working with an attorney that represented a claimant.

[happy]

Details, hmmm? I'm not an ALJ, but I have lots of hearing office experience. Caveat: this is a broad description and varies widely from office to office.

Here's the workflow.

A case comes in and a Case Intake Assistant does some basic screening for jurisdictional and data verification issues. This is MDKT (Master Docket) status. The CIA sends an acknowledgment letter and some basic information to the claimant. Some offices have a standing "profile" that these early screeners will cull out and send to a Sr. Attorney to see if amenable to on-the-record (OTR) decisions. Under the non-signatory Sr. Atty model, the Sr. Atty might draft a proposed favorable for an ALJ to sign. It's still up to the ALJ, but some offices funnel the cases to particular ALJs who are largely cooperative in signing what's put before them.

If a case doesn't get culled out, it most likely goes into a file cabinet somewhere and sits for a good long while. This is UNWK (unworked) status. When they get around to it and presumably in request for hearing date order (but for critical cases that should be expedited), Senior Case Technicians "pull" the case. In the paper world, this involves organizing the 6-part paper file in a particular fashion and getting rid of duplicate records. They also mark and paginate the exhibits. In the electronic world, they do much the same thing, inasmuch as the e-folder is structured just like the 6-part folder. They also do a substantive analysis of certain issues, such as the claimant's earnings, whether the claimant is insured for Title II benefits, and again, whether the medical-vocational profile is a likely favorable scenario.

[Some ALJs do review raw, or un-pulled, cases for possible OTRs. A case may be assigned to a specific ALJ before or after it is pulled.]

Once the case is "pulled" aka "worked up," it is ready to schedule (RTS). Depending on the office and/or ALJ, a case may go into ARPR (ALJ pre-hearing review). The ALJ reviews the case to determine whether evidence is missing or needs to be updated and also whether, and what kind of, an expert is needed at the hearing. Some ALJs may do interrogatories pre-hearing where a favorable outcome is likely. Rare. Occasionally, or often, depending on the ALJ, a claimant will need to be sent for a consultative examination. This adds 3 months or so to the process and is expensive, but the ALJ has a duty to develop the record.

While a case is waiting for the above-referenced development, it goes in PRE (pre-hearing development) status. When everything is in (or the ALJ is tired of waiting on a rep), the ALJ will indicate that the case is ready to schedule (RTS).

A Case Technician or Senior Case Technician then schedules a docket, usually 25 to 30 cases over a 5-day period (SCHD). Most ALJs schedule 2 dockets per month, alternating weeks. Others don't, and I won't comment on that. Some do 2-3 days every week, which is nice for them, but difficult for schedulers who are trying to obtain hearing reporters and experts and are competing with other schedulers who are offering full weeks versus partial. It's a $$$ for the contractors.

Anyway, the ALJ holds the hearing, which may be in-person in the office, in-person in a remote site, or via video, with the claimant in a remote site (usually with the hearing reporter) and the ALJ (usually with the experts) in the office. Hearings are digitally recorded and, if the file is electronic, the ALJ has a monitor, the expert(s) have a monitor and the claimant/rep has a monitor so that all parties can view the evidence at the hearing. [As an aside, I should mention that remote sites can be either permanent or temporary. Temporary sites range from local community colleges to motel rooms with the bed taken out.]

After hearing, the ALJ may leave the record open for a certain amount of time to accept additional submissions from the claimant/rep. The ALJ may decide at this point that a consultative examination is needed. If something else needs to be done in order for the case to be ready for decision, it goes into POST (post-hearing development status). The ALJ may decide that a supplemental hearing is needed.

Once everything is in, the case goes into ALPO (ALJ post-hearing review) status. This is when the ALJ is actually considering and deciding the case. The ALJ writes instructions for the decision writer and the case goes into UNWR (unassigned decision writing) status. [Some ALJs write at least some of their own decisions and this would be AWPC (ALJ writing using personal computer) status.]

The case goes into DWPC (decision writer using personal computer) when assigned to a decision writer. Decision is written and goes into EDIT for the ALJ to review. Most ALJs edit their own decisions, but some give to Case Technicians for correction (CORR). Some offices use final (FINL) status but it doesn't really serve much purpose except to let the ALJ give the final okay as to the corrections.

When ready for disposition, the case is given to the ALJ in SIGN status. The ALJ must verify decisions electronically and the case status is changed automatically to MAIL (I can't remember if this is all decisions or just favorable. I think the latter.) The Case Technician completes certain inputs in the case tracking system and closes the case out (CLSD).

ARPR and AWPC also have alternative status codes that indicate that the case is with the ALJ at his/her alternative duty station (ADS). Subject to a very few restrictions, ALJs are guaranteed 4 days per month on flexiplace, no more than 2 consecutively. An ALJ may request more and it is quite difficult for management to deny the request.

In sum, as mentioned by others, the ALJ is constantly balancing reviewing new cases, reviewing cases for which development has been received, holding hearings, writing instructions and/or decisions, editing drafts and signing final documents. It's never-ending, volume driven, and you welcome the occasional oddly challenging factual or procedural scenario.

Big thing to remember -- the ALJ does NOT have staff. The hearing office is organized into groups. Each group has a supervisor, one or more case techs/sr case techs, one or more sr. attys and atty/paralegal decision writers. These employees support the ALJ but the ALJ does not "direct" their activities per se. RAther, the ALJ sets forth his/her preferences (under HPI, these were "standing orders") and the staff assigned the tasks associated with the ALJ are expected to follow those preferences and consult with the ALJ throughout the process. A good ALJ cultivates that relationship even though there is no chain of command.

Another point of note, reps do not treat ALJs with the same respect they would treat a state court judge. They request continuances without compelling reason or pre-existing scheduling conflict. They do not complete the record prior to hearing and often walk in with reams of evidence that need to be added at hearing and, of course, the expert(s) haven't had an opportunity to review. There's either down time while the expert runs through it or the ALJ continues the hearing, resulting in further delay. By the way, reps do not have to be attorneys. They can be paralegals or simply social workers. This results in a wide range of expertise in preparation and understanding of the disability process.

This was long-winded, but I hope it was the kind of detail you were looking for.

[southerner]

Very nice summary, happy.

[julie]

I agree wholeheartedly. Thank you Happy. For those of us who do not currently work in the federal system, it was richly illuminating.

[aljsouth]

For those of you who get the job, I encourage one practice that will make your life easier. Take a few moments between hearings and write the instructions. You will never know the case better and it speeds up the whole process. If new medicals are needed then write them with a notation to yourself about what meds are expected and give yourself some idea of what you were thinking. You will not remember the case in 2 months when it gets back to you. This process was recommended to me on my first day of ALJ training by a regional chief who has since repented and left the dark side to become a line ALJ. Sending the case back to yourself in ALPO (alj post review) to write instructions just adds another file review, which equals more time used.

On the other hand, the beauty of this job has been you can do it your way and I can do it mine. For example, we have trouble with claimants not showing up for hearings. I decided to do what I did as a State alj, schedule all morning cases for 9:00 am and all afternoon for 1:00 p.m. It let me do all the cases efficiently and then gave me time to do other work without hearings waiting down the hall to distract me. Some other judges have started doing this as well, but others still like giving each case its own time: 9:00 a.m., 9:45 a.m., etc. Do what works best for you.

[doctorwho]

So how does one handle "reams of paper" coming in at the last minute?

[jagghagg]

"Come on, get Happy!!!"
Excellent, excellent, excellent --- thank you so much!
You as well, aljsouth and odarite - I know providing this kind of information can be tiresome and time-consuming; the fact that you would make the effort is most appreciated by me and I am sure by others reading this thread.

[yogibear]

Don't forget the Senior Attorneys (now Attorney Adjudicators unless the HOCALJ choses not to grant the power) who review (at least) profile cases prior to pulling and select them on the record favorable decisions which they either recommend to the ALJ for his signature or make their own decision. Offices differ and some have a great working relationship with SAs so that the caseload is effectively culled for the cases (ALJs don't need to waste time on this) that can be resolved quick and easy with little development: negotiated onsets, updated evidence, VE interrogatories, ME interrogatories, reliance on a treating MD opinion that the state agency chose to dismiss, etc. In some offices, the working relationship is strained (I'll leave it at that.), but I won't go into that. Generally, if the ALJ and the attorneys can cultivate their working relationships, even in the govt. management system which allows for less control over the clerks and writers, things go better for the claimants. The ALJs can focus on hearing and developing the more complex cases and making their findings of fact for a legally defensible decision.

[jennifer]

So how many hearings a day?

[happy]

Most ALJs allow 45 minutes to an hour for hearing, with a 1-hour lunch. This makes for a very do-able 5 to 6 hearings a day, with a little cushion on the front and back.

I second Pixie in her comments regarding some ALJs finding it difficult to make a decision. There is absolutely no excuse for a case sitting in ALPO for a year -- and I have seen longer -- because the ALJ just can't make up his mind. There's also no excuse in most cases for 3 consultative examinations plus 3 experts at hearing plus interrogatories and then a supplemental hearing. An ALJ should have his/her head in the game and decide on initial review the strategy for development. It must be flexible, of course, to allow for changing circumstances, but this over-development is just rationalization for inability to decide.

[johnthornton]

Some judges seem to forget that the standard for their decision is "preponderance of the evidence"---it is more likely than not that the claimant meets the requirements for disability? It's not "beyond a reasonable doubt" or even "clear and convincing" evidence (except perhaps in the Ninth Circuit <g>) You will never have absolute certainty in these cases and if you expect it, you will not be a good judge.

[deadwood]

pixie said:

I think many of you would be surprised at how many judges actually have have problems making a decision. They put the file in ALPO to make the decision later, and there it sits. Of course they send more cases to ALPO, and making decisions on the cases becomes more difficult. After a month or so the judge has no recollection of what happened in the hearing or which way she was leaning. The practice drives management nuts, and is terribly unfair to the claimants and their attorneys.

I am constantly amazed by Judges that either cannot or will not make a decision and use ALPO and the ordering of multiple CEs as crutches to avoid and delay making a decision. You would have thought that when the Judge accepted his/her position that he/she would have realized that making decisions came with the territory.

One should never lose sight of the fact that, good or bad, the claimant is entitled to a timely decision.

[deadwood]

happy said:

Another point of note, reps do not treat ALJs with the same respect they would treat a state court judge. They request continuances without compelling reason or pre-existing scheduling conflict. They do not complete the record prior to hearing and often walk in with reams of evidence that need to be added at hearing and, of course, the expert(s) haven't had an opportunity to review. There's either down time while the expert runs through it or the ALJ continues the hearing, resulting in further delay. By the way, reps do not have to be attorneys. They can be paralegals or simply social workers. This results in a wide range of expertise in preparation and understanding of the disability process.

Great overall post.

Hopefully, the days of reps showing up with reams of evidence at the hearing will be coming to an end shortly. I have repeatedly heard that the regs are going to be changed, so that the record can be closed five days prior to the hearing.

Also, most of the ALJs that I familiar with rarely grant continuances anymore without a legitimate good cause. With ODAR as short-staffed as it is, clerks do not have the extra time to spare scheduling and re-scheduling the same case over and over and . . . .

[chris]

deadwood said:

pixie said:

I think many of you would be surprised at how many judges actually have have problems making a decision. They put the file in ALPO to make the decision later, and there it sits. Of course they send more cases to ALPO, and making decisions on the cases becomes more difficult. After a month or so the judge has no recollection of what happened in the hearing or which way she was leaning. The practice drives management nuts, and is terribly unfair to the claimants and their attorneys.

I am constantly amazed by Judges that either cannot or will not make a decision and use ALPO and the ordering of multiple CEs as crutches to avoid and delay making a decision. You would have thought that when the Judge accepted his/her position that he/she would have realized that making decisions came with the territory.

One should never lose sight of the fact that, good or bad, the claimant is entitled to a timely decision.

I think all potential judges understand intellectually that they will be making decisions. But unfortunately some are not well suited emotionally for the task and that's very difficult to overcome. Some are not suited for dealing with crying claimants or confrontational attorneys either. Everyone has their emotional difficulties in some area of life or work, regardless as to how they perceive things on an intellectual level.