Don't be so negative about all of the negativity!

[hopefalj]

Aug 2, 2013 9:10:16 GMT -5 ncatty007 said:

I will gladly give up the free coffee (which isn't really "free" anyway) and happily sign in, clock in, punch in, etc. as the case may be if it means not having to keep track of my every working moment in 6 minute increments.

If you're in private practice, the negatives posted about the ALJ position will seem laughable should you take the job. The burdens and pressures of private practice are much greater than what you'll get from SSA management.

[bartleby]

Difference is that in private practice there are the highs and the finality of cases and variety of cases. In Agency, it's just the same old grind with no highs, no victories, and no variety. At least in private practice you have options as to how you handle the pressure and you decide whether you take a case or not. Private practice is better, but the benefits and periods between paychecks suck.

[ncatty007]

I don't know. I suspect there are equal amounts of "the same old grind" in both public and private practice, although I can only speak to the latter. I'm not so sure about the variety thing either. At least not for attorneys who have been in practice more than just a few years. Most of those I know, myself included, have developed a particular practice niche. Not a lot of variety there apart from varying fact patterns across what are otherwise similar types of matters.

As for deciding whether to take a case or not, I suppose that is true in the abstract. However, in the world of the billable hour, which is where I work, the decision to take a case into the office generally boils down to (a) is there a conflict; (b) does someone have the expertise to handle it; and (c) can the potential client pay the retainer and hourly rate. If the answers to those questions are "yes," I have never seen a case turned away. You've got to feed the machine. And the machine has a never-ending hunger for new files/matters to work and bill.

[hopefalj]

That's a highly romanticized view of private practice. Had that been my experience, I probably wouldn't have left.

[hopefalj]

Aug 2, 2013 12:32:46 GMT -5 ncatty007 said:

I don't know. I suspect there are equal amounts of "the same old grind" in both public and private practice, although I can only speak to the latter. I'm not so sure about the variety thing either. At least not for attorneys who have been in practice more than just a few years. Most of those I know, myself included, have developed a particular practice niche. Not a lot of variety there apart from varying fact patterns across what are otherwise similar types of matters.

As for deciding whether to take a case or not, I suppose that is true in the abstract. However, in the world of the billable hour, which is where I work, the decision to take a case into the office generally boils down to (a) is there a conflict; (b) does someone have the expertise to handle it; and (c) can the potential client pay the retainer and hourly rate. If the answers to those questions are "yes," I have never seen a case turned away. You've got to feed the machine. And the machine has a never-ending hunger for new files/matters to work and bill.

This is more in line with my experience. Variety and case choice are largely an illusion.

[bartleby]

mcb has done an extensive post on this. You can carry over 24 hours per pay period. The following pay period you can earn up to 26 or 26.5 and have around 50, but if you don't use at least the 26 or 26.5, you will lose thme at the end of that pay period. You can never carry over more than 24 per two week pay period. The first six months or so, if you have a good background in SSA, you will probably be able to utilize the credit hours fairly easily. I have 24 hours that I am carrying and every week I earn 5-10 more which I invariably lose as I just have too much work to do to take off, along with the hearing days, you can't take off on those. the Agency doesn't care if you do you 12-15 hearings a week and all the things that go with that in 10 hours or 80 hours. It is up to you. You have to be on the job 40 hours and are paid for 40 hours. I find it takes me 5-10 hours extra each week to do what I feel that I have to keep up. I do extensive review of my cases. soem offices may have smaller files, some people may read faster than I do. Some people may not be as anal as I ma about my reviews, some more. The job is what you make it and that depends upon your personal drive and sense of professionalism. I love the job, but it is a grind and very tiring for me. Your mileage may and probably will vary.

[bartleby]

my private practice was essentially a sole practice shared with my wife. We controlled what we took. We didn't have billable hours. We handled rent law, in other words just about anything that walked through the door and helped us pay the rent. We were not big corporate attorneys. We were in the weeds, everything from shoplifting to taxation and even the occasional ASCAP case. The wins were great, the losses were cases that even Clarence Darrow couldn't have won and we celebrated a lot.. Didn't get rich, but it was fun.

[crab]

Aljhopeful, I promise that credit hour computation is not nearly as brain damaging as logic questions, lol. Think of credit hours as part of a flexible work schedule that allows you to just move your schedule around a bit - i.e., you want to take a 4-day weekend so you cram 56 hours into the first week and 24 into the next 3 days, et voila, you're off! Or, bank up a kitty of 24 for use another time down the road, knowing that if you earn more, you'll need to use 'em or lose 'em before the end of that pay period (or use some of the fancy math shown in earlier posts to get the last week of a pay period off with your 24+16) to get yourself back to 24. Depending on the agency, credit hours don't require supervisory approval. It's not like comp time, that doesn't have that cap, but must be used w/in a year, and that requires prior supervisory approval, that also could have a real dollar value if you leave federal service with comp time on your card - which is why it's not given out so freely.

[Deleted]

Credit hours are a useless benefit unless you have the flexibility/ability to take time off. Bartleby obviously has no problems accumulating them but he does not have the ability to take off because of workthe demands so he does not really get any credit for working past his scheduled 40 hours per week, even if he puts in for the time he cannot accumulate any more than the 24 hours he already has on the books.

[workdrone]

Never had a problem using credit hours or taking leave & do 500 cases a year.

[Deleted]

Aug 2, 2013 15:03:44 GMT -5 workdrone said:

Never had a problem using credit hours or taking leave & do 500 cases a year.

I did not have any problems when I was a writer taking time off. Hopefully if I have the privilidge to join SSA as an ALJ, I can match the Drone's knack for productivity.

[philliesfan]

None of the ALJs in my office, including me have any problem taking off. We generally take our days off into account when setting our future schedules. In addition, on those occasions when an ALJ has to take off on short notice or is sick and the claimants have been waiting up to a year for a hearing. By covering for each other, we try to give them their hearing when it was originally scheduled. BTW, even with our vacations and other days off, it appears that we all will exceed the 500 disposition goal for the year, except for the newest ALJ who started last fall.

In my office, we all know what our responsibilities are and take them seriously, but no one seems to be killing themselves.

One of the talents you have to develop as an ODAR ALJ is to separate the wheat from the chaff in a file. You have to be able to focus on what's important. Not every report or document provides useful information. You learn pretty quickly which CE doctors' reports have value and whose don't. Also how you review a file depends on how you approaching questioning during the hearing. In my opinion, the main purpose of the hearing is to judge the claimant's credibility. My approach is to just ask questions relevant to the claimant's impairments, how they spend the day, what they say they can do, what doctors they see, the medications they take, etc. I rarely challenge them if they testify inconsistent with statements in the medical evidence. It is not my responsibility to figure out which statement is correct. If there are inconsistencies in the record, then in my opinion I am entitled to find the claimant less than fully credible. If, however, you are looking for gotcha questions, you will probably spend longer than I do reviewing the file before the hearing.
Also, I rarely work credit and have not worked on a weekend, but that may change soon because I recently assumed management duties, which take away time from case work.

[mcb]

Aug 2, 2013 12:17:22 GMT -5 aljhopeful2 said:

When does the credit time expire?

You can carry over a maximum of 24 credit hours (CHs) from one pay period to the next. Any CHs above 24 will expire.

However, if you carry over 24 CHs from a prior pay period, earn more CHs in the first week of a current pay period (28.5 CHs is possible, for a total of 52.5 CHs), then take off the second week (40 CHs), you're back down to 12.5 CHs, which carry over to tthe nexy pay period. Even if it's a week with a Federal Holiday in it and you only use 32 CHs you're back down to 20.5 CHs, which will carry over to the next pay period.

Under this scenario, one doesn't have to use any annual leave days to have a week off on a fairly regular basis. Of course, you have to make sure you have no hearings scheduled the week you take off and you have to be very disciplined in your work habits. Currently the Agency expects you to schedule hearings six months in advance.

Your first year as an ALJ - at least when I started, Fall 2010 - the Agency expected a new ALJ with an SSA background (HOD, SA, AA, etc.) to meet 3/4 of the 500 decisions goal, and a new ALJ without an SSA background (private practice, state government, other Fed agency, etc.) to meet 1/2 of the 500 goal. Your second year as an ALJ, the Agency will expect you to meet the 500 goal, so it's easier to have a flexible schedule your first year, especially if you're a non-Agency hire. However, it's still possible to do the above scenario after your first year, as the ALJ who mentored me, and showed me how to maximize time off from the office, while still meeting Agency expectations, is a seasoned ALJ, hired prior to tha ALJ hiring freeze at the end of the last millenium, and which lasted well into the prior decade. :-)

My first year as an ALJ, I found out that my wife was pregnant - with our first, and so far only, child - six days after accepting an assignment 2300 miles from home. Prior to this life changing event, we had already decided that she would remain home and work while I would request a reassigment back home, since we knew a new ODAR, 30 miles from home, would be opening sometime in 2011. After the 90 day wait period, I requested reassignment to the ODAR close to home and two other ODARs, 70 and 100 miles from home. Less than four months after my start date, I received a reassignment offer to the new ODAR, 30 miles from home, but would remain at the ODAR 2300 miles from home till the new ODAR opened, which finally happened in August 2011, 10+ months after my start date.

The reason I'm telling you this is because I've had two disparate experiences as an ALJ.

My first 10+ months as an ALj, I rented an apartment 2300 miles from home, worked.a 6:30 AM to 5:30 PM schedule nearly everyday so I could collect as many CHs as possible (you can earn 2.5 CHs each day M-F). I also spent at least one 8-hour weekend day in the office, and two 8-hour weekend days, when the Saturday was the last day of a pay period and Sunday was the first day of a pay period (currently under the CBA you cannot earn more than 8 CHs on a weekend in the middle of a pay period, but can on the weekend in which Saturday is the last day of a pay period and Sunday is the first day of the next pay period). Under this scenario I was able to fly home for a week about every six weeks during my wife's pregnancy, and by using 48 credit hours, accrued annual leave and sick days to care for a family member, was able to spend four weeks at home when my son was born. Between his birth in April 2011 and the end of July 2011, I continued collects CHs and flew home for a week every six weeks, two more times until I reported for my new assignemnt in August 2011.

Since August. 2011, I've never worked a weekend at my new ODAR, though I might work 3 or 4 CHs earlier in the week so I can take Firday afternoon off or accumulate 8 CHs over a two week period so I can take a Friday off, which is really nice if the following Monday is a federal holiday.

Hopefully, this gives you some idea abot the flexability of this job and different ways to approach it, dependiing on your circumstances/situation.

[moopigsdad]

Aug 3, 2013 3:17:07 GMT -5 mcb said:

Aug 2, 2013 12:17:22 GMT -5 aljhopeful2 said:

When does the credit time expire?

You can carry over a maximum of 24 credit hours (CHs) from one pay period to the next. Any CHs above 24 will expire.

However, if you carry over 24 CHs from a prior pay period, earn more CHs in the first week of a current pay period (28.5 CHs is possible, for a total of 52.5 CHs), then take off the second week (40 CHs), you're back down to 12.5 CHs, which carry over to tthe nexy pay period. Even if it's a week with a Federal Holiday in it and you only use 32 CHs you're back down to 20.5 CHs, which will carry over to the next pay period.

Under this scenario, one doesn't have to use any annual leave days to have a week off on a fairly regular basis. Of course, you have to make sure you have no hearings scheduled the week you take off and you have to be very disciplined in your work habits. Currently the Agency expects you to schedule hearings six months in advance.

Your first year as an ALJ - at least when I started, Fall 2010 - the Agency expected a new ALJ with an SSA background (HOD, SA, AA, etc.) to meet 3/4 of the 500 decisions goal, and a new ALJ without an SSA background (private practice, state government, other Fed agency, etc.) to meet 1/2 of the 500 goal. Your second year as an ALJ, the Agency will expect you to meet the 500 goal, so it's easier to have a flexible schedule your first year, especially if you're a non-Agency hire. However, it's still possible to do the above scenario after your first year, as the ALJ who mentored me, and showed me how to maximize time off from the office, while still meeting Agency expectations, is a seasoned ALJ, hired prior to tha ALJ hiring freeze at the end of the last millenium, and which lasted well into the prior decade. :-)

My first year as an ALJ, I found out that my wife was pregnant - with our first, and so far only, child - six days after accepting an assignment 2300 miles from home. Prior to this life changing event, we had already decided that she would remain home and work while I would request a reassigment back home, since we knew a new ODAR, 30 miles from home, would be opening sometime in 2011. After the 90 day wait period, I requested reassignment to the ODAR close to home and two other ODARs, 70 and 100 miles from home. Less than four months after my start date, I received a reassignment offer to the new ODAR, 30 miles from home, but would remain at the ODAR 2300 miles from home till the new ODAR opened, which finally happened in August 2011, 10+ months after my start date.

The reason I'm telling you this is because I've had two disparate experiences as an ALJ.

My first 10+ months as an ALj, I rented an apartment 2300 miles from home, worked.a 6:30 AM to 5:30 PM schedule nearly everyday so I could collect as many CHs as possible (you can earn 2.5 CHs each day M-F). I also spent at least one 8-hour weekend day in the office, and two 8-hour weekend days, when the Saturday was the last day of a pay period and Sunday was the first day of a pay period (currently under the CBA you cannot earn more than 8 CHs on a weekend in the middle of a pay period, but can on the weekend in which Saturday is the last day of a pay period and Sunday is the first day of the next pay period). Under this scenario I was able to fly home for a week about every six weeks during my wife's pregnancy, and by using 48 credit hours, accrued annual leave and sick days to care for a family member, was able to spend four weeks at home when my son was born. Between his birth in April 2011 and the end of July 2011, I continued collects CHs and flew home for a week every six weeks, two more times until I reported for my new assignemnt in August 2011.

Since August. 2011, I've never worked a weekend at my new ODAR, though I might work 3 or 4 CHs earlier in the week so I can take Firday afternoon off or accumulate 8 CHs over a two week period so I can take a Friday off, which is really nice if the following Monday is a federal holiday.

Hopefully, this gives you some idea abot the flexability of this job and different ways to approach it, dependiing on your circumstances/situation.

Very good information and insight mcb. I greatly appreciate the detailed explanation of how to accumulate the CH if given the opportunity.

[hamster]

Boy, I sure see a lot of complaining in this thread!

1. I am a sitting ALJ, having started in January 2012.

2. I work with Philliesfan, who is really smart and perceptive.

3. The timekeeper in my office tells me--and showed me the reg--that one can only accumulate only 28 credit hours at any one time, and can only carry over 24 to the next pay period. Some offices might relax the "28 hour" limitation, but that is inconsistent with the reg that I was shown.

4. Unless one intends to devote 100% of their life to the Agency--and I do not, then one does not need to work for free or surrender credit hours. Sure, I've given up some lunches and maybe a day or two in more than a year and a half, but one doesn't have to. The federal government says I have a 40 hour work week and can accumulate a max of 28 credit hours. Since that's their rule, that's what I do. If they want me to do more, they can elevate me to the Supreme Court. I am even willing to purchase my own robe, should that happen. And pay the relocation expenses myself. And work some weekends for free.

5. If I were to get a really nasty "nastygram" from Region, or if I got a memo that suggests to me an infringement on my decisional independence or an interference with a claimant's due process rights, I will make it an exhibit in that file, proffer it to the claimant and the rep, if any, address it at the hearing, and complain to the IG. I figure the squeaky wheel gets the grease, and if somebody at HHQ gets out of his or her lane, I will make that a semi-public issue while preserving the claimant's anonymity during the process. I can't put the HHQ bureaucrat in stocks on the public square, but I can address my concerns in other ways.

Have a fine day. Hamster.

[moopigsdad]

So, hamster are you a former insider (did you come from the agency?) of SSA? Did you come from outside SSA or private practice? Just curious based upon some of your responses.

[mcb]

Aug 3, 2013 10:48:02 GMT -5 hamster said:

Boy, I sure see a lot of complaining in this thread! 3. The timekeeper in my office tells me--and showed me the reg--that one can only accumulate only 28 credit hours at any one time, and can only carry over 24 to the next pay period. Some offices might relax the "28 hour" limitation, but that is inconsistent with the reg that I was shown.

4. Unless one intends to devote 100% of their life to the Agency--and I do not, then one does not need to work for free or surrender credit hours. Sure, I've given up some lunches and maybe a day or two in more than a year and a half, but one doesn't have to. The federal government says I have a 40 hour work week and can accumulate a max of 28 credit hours. Since that's their rule, that's what I do. If they want me to do more, they can elevate me to the Supreme Court. I am even willing to purchase my own robe, should that happen. And pay the relocation expenses myself. And work some weekends for free.

Did you show the timekeeper, AKA administrative assistant (AA), the credit hours section of the CBA?

If I understand you correctly, you're saying that an ALJ cannot have more than 28 credit hours at any one time. If so, the AA, and more importantly you, need to carefully read the AALJ's CBA with the Agency. According to the credit hours section of the CBA:

4. A Judge may earn no more than twenty-eight (28) credit hours per pay period.
 ...

6.​The maximum number of credit hours a Judge may carry over from one (1) pay period to the next is twenty-four (24).

As you can see, it says "A Judge may earn no more than twenty-eight (28) credit hours per pay period." Nowhere in the CBA does it state that you can only acumulate (have) 28 CHs at any one time. Accordingly, if you carry 24 hours from a prior period, they were "earned" in the prior pay period, and then earn 28 in a current pay period, and then get down to below 24 CHs before before the end of the pay period, you can have up to 52 CHs at any one time in your current pay period.

My first year, a group super and an AA tried to pull this 28-hour-at-any-one-time crap on me and were not giving me credit for for any hour after the 4th hour in a current pay period after earning 24 in the prior pay period. I nipped that in the bud by emailing the HOD, who I'm sure had approved the plan, with the facts and the pertinent CBA language, and then having a discussion with the HOCALJ about the situation. I also discussed it with my fellow ALJs, who agreed with my interpretation of the CBA language. The Hours that the GS and AA had failed to credit me were added back to my CH total.

[mcb]

Aug 3, 2013 12:47:14 GMT -5 aljhopeful2 said:

Aug 3, 2013 3:17:07 GMT -5 mcb said:

I said nothing of the sort.

[mcb]

Aug 3, 2013 13:12:16 GMT -5 aljhopeful2 said:

yeah, I messed up --so much for my efficiency and technical skills!

At least you can act.

[workdrone]

Aug 3, 2013 13:01:15 GMT -5 aljhopeful2 said:

Thanks everyone, I think I get the picture. You have to get your 550 cases in and stay on target. If you do that, you don't get hassled. if you do, and follow the rules, you have freedom to set your schedule.

That's been my experience. It's really quite smooth once you get used to it.