|
Post by alj on Jul 2, 2013 19:17:11 GMT -5
SeaLaw 90: I think ours is the 278. Asks for the same information as the 450, and it is very much public record for us. Didn't used to be, but it is now.
|
|
|
Post by JudgeRatty on Jul 2, 2013 20:19:15 GMT -5
Many counties have a form that judges can submit to restrict information on their home from being searchable on the various county appraisal district websites. There are other databases that will restrict personal information if you contact them. They don't publicize these available restrictions since it is more work for them to remove the data, but it is possible. I know that most personal information is obtainable on the web if someone tries hard enough, but why make it easy?
|
|
|
Post by workdrone on Jul 3, 2013 2:23:53 GMT -5
Oh, by the way, your address and phone number are also probably on the internet so they will know where to find you. How easy you are to find on the Internet as a judge is state specific. The biggest problem is the County Assessor's property tax database, which is public record. The Internet data brokers get most of their information from there. The best way to get around it is to hold your home title in trust with an innocuous trust name (aka the Smith Family Trust... try google that!), but that's not doable for folks who have a mortgage. Some states, like California, have laws specifically protecting judicial privacy, including administrative law judges. As long as the property information from County Assessor's office is shielded, that's 80% of the battle. However, if you don't have a law like that in your state, then you either have to manually opt out of every data broker on the Internet or subscribe to a service like DeleteMe by Albine. I got tired of sending opt out requests every 3 months and decided to just pay for it. It's been almost a year and I haven't seen my real address on the Internet since then. Lastly, live in a nice neighborhood and have a good home security system. Overall this is a very safe job. While there's heavy doses of paranoid coupled with threats from disgruntled claimants now and then, I have not heard of any real incidents from either management or AALJ.
|
|
|
Post by sealaw90 on Jul 3, 2013 8:16:07 GMT -5
Bartleby and alj, thank you for your replies. This is potentially a serious issue, so what has the union done?
|
|
|
Post by moopigsdad on Jul 3, 2013 8:25:12 GMT -5
The bigger question is whether an ALJ has been disciplined due to a complaint pursuant to SSR 13-1p? Is this something that would not be known? It may be just a way to allow people to feel they can vent frustrations and perhaps have something occur because of it. Something could come of a complaint, but I would assume it would have to be a very grave action by an ALJ to cause discipline or removal from the ALJ position (i.e. overt racism, overt sexism, etc.).
|
|
|
Post by workdrone on Jul 3, 2013 8:36:42 GMT -5
In order to remove an ALJ you have to go through MSPB, and the whole world will see it. So if someone is really involuntarily removed for bias, we'll all hear about it on this board.
The SSR 13-1P complaint process may provide the ammunition needed for a removal action down the road, but MSPB blessing is needed for any substantive personnel action against an ALJ. And no, I don't consider a counseling letter or additional training to be 'substantive'. So I think any concern about bias complaints is a bit premature right now based on the info available.
|
|
|
Post by moopigsdad on Jul 3, 2013 8:47:45 GMT -5
In order to remove an ALJ you have to go through MSPB, and the whole world will see it. So if someone is really involuntarily removed for bias, we'll all hear about it on this board. The SSR 13-1P complaint process may provide the ammunition needed for a removal action down the road, but MSPB blessing is needed for any substantive personnel action against an ALJ. And no, I don't consider a counseling letter or additional training to be 'substantive'. So I think any concern about bias complaints is a bit premature right now based on the info available. Thanks workdrone for the explanation. It certainly leads some credence to the thought 13-1p may be more for show than action. Not that action cannot occur, but it is highly unlikely for it to occur. The only reason a counseling letter or additional training might be felt is if an ALJ was thinking about a possible transfer to a different ODAR office, such an action on an ALJ's record could lead to the ALJ not receiving a requested transfer.
|
|
|
Post by JudgeRatty on Jul 3, 2013 8:58:29 GMT -5
This is a hot topic in my office right now. There are several ALJs (ones that have never been abrasive or demeaning in any way at all) that are so worried about the "bias" complaints that their decision language seems more timid now, and they tip toe around some issues. Facts are facts and if someone has a poor work history, long criminal history, ongoing illegal drug use, family history of living on SSI (a way of life as opposed to genetic issues), no impairment related event to correlate to the AOD, and all those other credibility factors that may make them "feel bad" .... so be it. Present the facts, however delicate, in an objective way without a condescending or demeaning tone. After all, anytime we deal with medical records, the information is sensitive and very personal. There will always be hurt feelings over an unfavorable decision.
|
|
|
Post by Administrator ALJ on Jul 3, 2013 10:24:12 GMT -5
In order to remove an ALJ you have to go through MSPB, and the whole world will see it. So if someone is really involuntarily removed for bias, we'll all hear about it on this board. The SSR 13-1P complaint process may provide the ammunition needed for a removal action down the road, but MSPB blessing is needed for any substantive personnel action against an ALJ. And no, I don't consider a counseling letter or additional training to be 'substantive'. So I think any concern about bias complaints is a bit premature right now based on the info available. I'm not as concerned about the "bias" complaints as I am about the "misconduct" ones. Misconduct is such an amorphous term. Is requiring additional medical verification "misconduct?" Is rescheduling a hearing when the rep data dumps the day before a hearing "misconduct?" Perhaps this seems paranoid, but given the ALJ climate described in sratty's offices, I don't think I'm the only one worried about this. Add management's outreach in SSR 13-1p and you have a recipe for some very jumpy ALJs.
|
|
|
Post by workdrone on Jul 3, 2013 11:15:27 GMT -5
Perhaps this seems paranoid It is paranoid. As I said before, no substantive personnel action against ALJ can take place without a MSPB trial, which happens VERY rarely. If you're this concerned, maybe buy asteroid collision insurance for your home? ;-)
|
|
|
Post by bartleby on Jul 3, 2013 11:23:25 GMT -5
Actually there are other punishments than removal. One is a counseling letter, which basically is the first step in a progressive punishment scheme. Not too serious, but it does go into your file for a year. The second step is a letter of reprimand and I have seen it used as a first step, even in minor infractions. The problem with this is that a letter of reprimand removes one from the transfer list, potentially lengthening your stay in Podunk for a few more years.. This also goes in your file and stays there for a year. I know a judge that resigned after he got this as he was number one on the transfer list and got removed from it. The dumb thing was, it was his first offense and was so minor it could have been handled with a private discussion as it wasn't even intentional. However, management made a big thing out of it, took it to Region and then it became out of control..
|
|
|
Post by Administrator ALJ on Jul 3, 2013 11:56:19 GMT -5
Perhaps this seems paranoid It is paranoid. As I said before, no substantive personnel action against ALJ can take place without a MSPB trial, which happens VERY rarely. If you're this concerned, maybe buy asteroid collision insurance for your home? ;-) As someone who doesn't like being sent to the Principal's office, I'm risk averse Workdrone.
|
|
|
Post by privateatty on Jul 9, 2013 14:06:22 GMT -5
oops-dup!
|
|
|
Post by privateatty on Jul 9, 2013 14:06:41 GMT -5
It is paranoid. As I said before, no substantive personnel action against ALJ can take place without a MSPB trial, which happens VERY rarely. If you're this concerned, maybe buy asteroid collision insurance for your home? ;-) As someone who doesn't like being sent to the Principal's office, I'm risk averse Workdrone. I used to worry about what the ALJs thought of me. Now I try to measure up. To do that I can't worry about what bartleby points out and making folks feel bad (note, I don't work for SSA). YOU know who you are and what kind of hearing you run. If you don't know or don't care, then maybe you need to call Houston and report a problem. The post about "timidity" concerns me insofar as if folks even suspect you may be afraid of what they might do, why, they just might up and do it. Congress gave us the APA and even though (apparently) SSA thinks it doesn't apply doesn't make it so. It is a grant of authority and responsibility. There is also, as pointed out, the matter of judicial immunity. After your first year and you have been vetted fully by OPM, the fear factor should drop down to near zero.
|
|
|
Post by bartleby on Jul 9, 2013 14:53:02 GMT -5
Au Contraire Mon Ami (or something like that). We have so little authority it is unbelievable. Try enforcing a subpoena sometime. With the new ability to whine their way into Bices office with any little complaint, it is scary. You would be surprised as to how easy it is to make you want to quit. There is a million ways they (management) can mess with you. Staff assignments, hearing room assignments, case assignments (this will never be spoken of), loss of ability to transfer, they have even said people can't go on vacations... You may not think you work for SSA, but I got news for you, surprise, you do... Why do you think the Union is filing suit against the Agency if the Agency doesn't have the ability to mess with you?? Be afraid, very afraid.. Further, there have been recent cases that note we don't have APA protection and are some unusual kind of beast that no one understands, cares about, or loves even a little bit..
|
|
|
Post by privateatty on Jul 9, 2013 18:57:06 GMT -5
Au Contraire Mon Ami (or something like that). We have so little authority it is unbelievable. Try enforcing a subpoena sometime. With the new ability to whine their way into Bices office with any little complaint, it is scary. You would be surprised as to how easy it is to make you want to quit. There is a million ways they (management) can mess with you. Staff assignments, hearing room assignments, case assignments (this will never be spoken of), loss of ability to transfer, they have even said people can't go on vacations... You may not think you work for SSA, but I got news for you, surprise, you do... Why do you think the Union is filing suit against the Agency if the Agency doesn't have the ability to mess with you?? Be afraid, very afraid.. Further, there have been recent cases that note we don't have APA protection and are some unusual kind of beast that no one understands, cares about, or loves even a little bit.. deltajudge gave advice on how to enforce a SDT. I have posted on this, but most notably I know nothing of or about ODAR other than what is posted here. As to you (ODAR ALJs) not being under the APA, can I have a cite? I have always believed that which is not defended may well erode--or get taken.
|
|
|
Post by maxlaw on Jul 9, 2013 19:50:40 GMT -5
Au Contraire Mon Ami (or something like that).... deltajudge gave advice on how to enforce a SDT. I have posted on this, but most notably I know nothing of or about ODAR other than what is posted here. As to you (ODAR ALJs) not being under the APA, can I have a cite? I have always believed that which is not defended may well erode--or get taken. Concur. I've seen the agency push - somewhat quietly - the proposition that the APA doesn't apply to SSA hearings, but I've not seen anywhere the argument that we were not appointed under the APA, or somehow lack APA protection. If that's going on, it's a matter of concern for all of us regardless of agency.
|
|
|
Post by JudgeRatty on Jul 9, 2013 20:00:41 GMT -5
I am merely a senior attorney and may not be privy to many things that the ALJs encounter, so I have to ask....and please excuse my ignorance bartleby, but if an ALJ is doing his/her job, playing nice, and has a good attitude, etc., do they (management) really mess with you in those respects? Now, I imagine there are many offices that have issues just like any job, and maybe I work in a great office and don't see it, but I can't imagine having management mess with you for no reason. Am I being naive? And I am not suggesting that such passive aggressive techniques like the bad assignments, rooms, etc. are warranted even if an ALJ is not toeing the line so to speak. I just wonder how often this really happens at SSA. Is it more than in any other career, more than the occasional bad HOD/ group supervisor team?
|
|
|
Post by workdrone on Jul 9, 2013 21:05:21 GMT -5
if an ALJ is doing his/her job, playing nice, and has a good attitude, etc., do they (management) really mess with you in those respects? Now, I imagine there are many offices that have issues just like any job, and maybe I work in a great office and don't see it, but I can't imagine having management mess with you for no reason. Am I being naive? Nope, I think you're just being reasonable, which is one of the secret ingredients to a long and happy career anywhere. Every office is different, and there are some offices in the Agency that's just bad. However, in the couple offices I have been to, I did my 500+ cases in a timely manner, and no one ever bothered me. I enjoy my job, and I have no major complaints. The same goes for the other judges in my office. I think if you follow the Golden Rule, you should be fine unless you end up in a very dysfunctional office. Now on the other hand, if you're itching for a fight to prove your judgehood and show everyone you march only to your own tune, then you'll definitely find the rumble you're looking for.
|
|
|
Post by bartleby on Jul 9, 2013 21:36:20 GMT -5
A Judge in my class had cases in CPMS that hadn't moved within the time frame alloted. This Judge had illness in the family and was off some for spouses surgery. The HOCALJ spoke to the Judge about moving the cases and the Judge was working on the cases as well as handling a current docket, but the HOCALJ didn't think it was fast enough and gave the Judge a letter of remand, effectively removing the Judge from the transfer list, of which this Judge was number one on the city the Judge wanted and had waited for so long. This effectively moved the Judge back at least two years on the transfer list. The Judge was one of the best, but was so frustrated the Judge resigned from the Agency. Paranoia I think not. There is a new contract coming out and my understanding is that we lost a lot in this one. When the Chief Judge makes it uber easy for anyone to complain about us and then will inform your local Bar that you need additional punishment, it is worrisome, even more so when this same Agency tells us we can't inform local Bars about incompetent attorneys that come in front of us. Until you have been involved with the Union and read the cases and punishments against ALJ's you won't believe it. Some Judges in an office decided to require Reps to submit briefs. Someone complained and the Agency gave the Judges two weeks suspension without pay. Read Boroweic's book, SSA an Agency at war with itself. This goes back 30-35 years. A lot of Judges are so fearful and realize that there is no place to go when you leave here that they won't speak up. I hope some others will speak up so you can't say you weren't informed when you accept the job.
|
|