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Post by valkyrie on Jun 27, 2013 10:29:39 GMT -5
May I suggest you consider having him sit outside with his client until he has reviewed the records and select those relevant to the alleged disability (medical opinions, exam findings and test results. When he and his client are ready, allowe him to offer as one exhibit, hopefully with a summary of why he or she believes the documents to be relevant. Drop the hearing down to after your last hearing of the day. He or she will scream but I was never reversed using this process and you will be amazed at what happens next time. Do it on the record explaining how necessary it is to ensure the client due process. Not surprisingly, Decadealj knows the program! That would be my response to a rep who answered, "I don't know? I forgot? Look for it yourself?" You make the rep own his/her mistake and fix it. An SSA ALJ has power, but it is a subtle power that is best delivered passively. These are nonadversarial hearings in which we have a strong responsibility to the claimant, regardless of his/her poor choice of representation. Remember, no matter how bad the rep is, you are not there to be against the rep and the claimant, sometimes you are there for the claimant in spite of the rep. Simply put, any attempts at RBM, (Representative Behavior Modification), must avoid interfering with the claimant's due process. Even if you want to terrify the claimant and the rep with a bunch of bluster on the bench, there is not much you can realistically do to match the bluster. Perhaps some reading this board are unaware that we are not even allowed to report even gross misconduct in a hearing to the local bar? You can only report it to the Regional Office.
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Post by bartleby on Jun 27, 2013 10:43:08 GMT -5
I have to wholly concur with Valkyrie. The latest union newsletter just came out and mentioned several cases where reps or claimants have filed bias complaints against ALJs for next to nothing.. (Something like 1,300 filed in 2012 IIRC). It's great to be the Judge, lowest spot on the totem pole.. Actually it is test of wits to see how well you can handle it without sliding over the edge...
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Post by decadealj on Jun 27, 2013 10:46:19 GMT -5
valkyrie- right on. One time I had a rep abandon his client just before the hearing because he didn't think the case was payable and he didn't want his firm's reputation to suffer. I sent him a letter, copy to the claimant, advising him he was violating the Cannons of Ethics by his action. I noted as you stated that I was not permitted by SSA to report his misconduct to the state bar but his client was certainly able to do so. More than one way to skin a cat!
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Post by hod on Jun 27, 2013 12:52:29 GMT -5
wow I think I have learned more about handling rep problems as an alj from the responses to this topic than in all my years of experience. Thankyou Decade, Valkerie and everyone else. Maybe some day I will be able to use the info in my own hearing room :-)
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Post by valkyrie on Jun 27, 2013 15:16:19 GMT -5
valkyrie- right on. One time I had a rep abandon his client just before the hearing because he didn't think the case was payable and he didn't want his firm's reputation to suffer. I sent him a letter, copy to the claimant, advising him he was violating the Cannons of Ethics by his action. I noted as you stated that I was not permitted by SSA to report his misconduct to the state bar but his client was certainly able to do so. More than one way to skin a cat! Even better is that you provide the claimant the opportunity to skin the cat! Brilliant!
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Post by JudgeRatty on Jun 27, 2013 17:22:42 GMT -5
The thread on the "Oversight Committee Hearing Today re ALJs" under Judge Snook's statement covers most of what has been said here on this thread! Very interesting and sad at the same time.
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Post by aljustice on Sept 15, 2013 18:02:52 GMT -5
Can you sanction claimants for providing last minute evidence other than not allowing them to submit it for consideration?
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Post by JudgeRatty on Sept 15, 2013 20:58:12 GMT -5
Can you sanction claimants for providing last minute evidence other than not allowing them to submit it for consideration? There are no sanctions of any kind toward claimants at SSA hearings. The SSA hearings are non adversarial and evidence can even be submitted to the Appeals Council. This is about as far as I will go in this answer since it was pointed out in other threads that the purpose of this board is assistance and community involving the federal ALJ application process.
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