complex cases for new judges?

[guardian]

This is my first post most anywhere. Thanks to all who have made this board available as it is very helpful and informative!
I am an experienced  ALJ and Chief Judge  who has applied and made it to the test and interview. My background includes and interest is in in heavy motion, fairly complex cases. My questions are:

1) Do they ever hire new ALJ's for these types of cases?
2) What agencies are these? (I like health and consumer issues)
2) Also, what is the timing usually for hiring (my daughter may not be up for a big move for about a year or two).

"Guardian"

[workdrone]

Welcome to the board. By the nature of your question, I'm assuming you're a state ALJ. Based on my experiences with SSA, below are my take on your questions:

1. Yes, but very rarely, as most of the smaller agencies prefer lateral transfer of sitting ALJs from another agency vice direct hiring from the ALJ register. On the rare occasion direct hire happens, you will need a very high score (top 10% or better), very good luck, and willingness to live in DC or some other selected locale.

2. FERC and ITC come to mind. SSA, which is my home, is non-adversarial in nature and has no motion practice to speak of. While disability cases could be medically complicated now and then, it's fairly routine once you become experienced. As someone who had done complex litigation in a prior life, I wouldn't classify SSA appeals as anything close to it. Do a forum search if you want more details on SSA ALJ life.

FALJC (again, do forum search) might be a good resource on life in FERC/ITC. I think they have an annual conference coming up open to folks who are interested in becoming Federal ALJ and it might be a good networking opportunity for you as its members are mainly from the smaller agencies that do adversarial hearings.

3. At Agency discretion. Your guess is as good as mine.

Good luck!

[redryder]

Medicare has been known to hire off of a cert and would obviously handle the health/consumer issues. The downside is the limited number of offices.

[trekker]

The Medicare ALJ's (OMHA -- Office of Medicare Hearings and Appeals) only handle denial of Medicare coverage. (e.g. they would not handle a balanced billing dispute between a physician and patient). They don't handle "consumer" cases. The Medicare appeal process is very complex and lengthy (at least 5 stages with each stage having an increasing amount in controversy). Many years ago OHA/ODAR handled these appeals but no longer. There are also ongoing discussions with CMS (Center for Medicare and Medicaid Services) and advocates about new appeals that will occur under the ACA (the Affordable Care Act or Obamacare) as they will not necessarily involve denials of coverage in the more traditional sense). If you want to know about Medicare hearings, go to the OMAH website (just google Medicare hearings). Unlike SSA and ODAR, the Medicare appeals process is supposed to have some strict time limits (for obvious reasons) but OMHA is not meeting those deadlines and are way behind. The ALJ comes in at Level three and I believe almost all of these hearings are video hearings (there are only 4 regional OMHA offices). The first level of appeal is with the health plan. Level 2 is with a private contractor (Maximus -- which more often than not just affirms the decision of the health plan and there are lots of controversies over how much the contractor actually complies with due process -- e.g. allowing for the submission of new evidence). I have not heard that HHS/CMS is going to enlarge the OMHA ALJ pool but if they are this far behind now, it is only going to get worse. The notices that go out to patients (aka consumers) and providers are really bad and often not very timely.

[funkyodar]

I admit I have no clue...but i have read a ton on this board. From what I gather, to land a job with an agency other than SSA you would need most, if not all, of the following:

A NOR in the 80s.
A GAL that included DC
A damn fine showing at the agency interview
And most likely a friend(s) in the agency or experience with teh agency.

Even with all those things, you may end up going to SSA first to get some ALJ experience and beinh hired by your preferred agency only sometime later.

In My time with ODAR, I have seen many new judges that want to transfer closer to home or somewhere desirable. Most eventually succeed, though it may take a bit.

I have only known two that openly expressed a desire to go to a different agency. One was with SSA for almost 4 years and finally got an offer from the agency she jhad worked with for over a decade before taking the SSA ALJ gig. Lots of connections with that agency, relatively high scorer 9from what others have said.

The other is a middle of the road scorer (from his own admission)whose only connection to the agency he wants is his prior practice represented individuals and business in front of the agency...he has been with SSA for over a dozen years now, has applied everytime his preferred agency lists an opening and has never even sniffed an interview.

Just my own experience, and i stress the caveat that i dont have any first hand knowledge of other agencies. But, just getting on the register is a long shot, getting on a cert is a longer shot, getting an offer is a longer shot still. Having that offer be from some agency other than SSA is the longest shot in this game. from what i gather on the board and from friends, anyway.

[71stretch]

Medicare does hire off the register, and it has cities other than DC, but only a few (Miami; Cleveland; Irvine CA) far fewer than SSA. Other than that, funky has the correct criteria.

[ruonthelist]

Guardian: Did you go to the joint NAALJ/FALJC conference in New Orleans last year? That was a rare (in my experience) opportunity for interaction between state and federal ALJs. I enjoyed meeting a lot of state judges and talked to several about the federal ALJ selection process. A lot of the FALJC attendees were interested in trying to schedule future joint meetings with NAALJ, but I don’t know if any definite plans have been made.

Here is a breakdown of the non-SSA ALJ agencies:
Labor, Medicare, and NLRB each have between 30 and 60 judges, most of them outside DC.
Approx 20 other agencies have 20 or fewer judges (most have less than 10) and the great majority of those are in the DC area.

Since the ALJ register re-opened in 2007 several judges have been hired into non-SSA agencies from the register, but more have been hired as lateral hires from SSA. What frequently happens is that an agency will both request a cert from OPM and list the opening on USAJOBS.GOV. The listing will be limited to current (or re-instatement eligible) ALJs. From the standpoint of the hiring agency this provides the widest range of options. They will get three high scoring names from OPM plus however many current ALJs care to respond, hence more choice than they would have using either method by itself.

I personally know of four agencies other than SSA that have hired from the register in recent years, and there may be others, but funkyodar is right, it is statistically a long shot.

[privateatty]

I would disagree with funky about one thing, you do not have to know someone (although it can certainly help) at the hiring Agency. You do have to have a high score and do well in the Agency interview.

[guardian]

Thanks to all. Sounds like the federal ALJ's are as great as those at my state agency. Traveling to DC on a longshot is a little scary. Do I have a score at this point and will they give it to me? (I've been asked to take the test in DC and interview).

[agilitymom]

No score until all is said and done.

[funkyodar]

Aug 14, 2013 0:11:56 GMT -5 guardian said:

Thanks to all. Sounds like the federal ALJ's are as great as those at my state agency. Traveling to DC on a longshot is a little scary. Do I have a score at this point and will they give it to me? (I've been asked to take the test in DC and interview).

There has been some debate on the boards about the scoring, Guardian.  Some hold the belief that Phase 2 scoring was just to pick those that got invites to DC.  Others think the phase 2 scores will be combined (in some fashion and and as an unknown percentage of the total) with the scores from the DC testing/SI and that will be your total score that you receive on your final NOR.  The implication is, we are ranked as we go in to DC instead of all starting DC equal.  Thus, some may have a little slack in what they need to accomplish in DC due to high scores on Phase 2 testing, while some have ground to make up.  (No one can take any comfort from that thought, however, because we don't know our phase 2 scores and have no idea how much phase 2 counts in the total.)

I align myself in the camp that thinks phase 2 scores still matter.  Best evidenec for this is the OPM statement that vet pref points were added to Phase 2 scores to give vets a bump over the cutoff hurdle, then are removed once they start phase 3.  If we all started at zero in DC, why the necessity to remove the points at that level?

It's all really an academic and timewasting endeavor though.  As agilitymom stated, we won't be told any scores until all testing is complete and you have your NOR.  So no way to base your decision on going through with the DC testing on where you stand in the herd now.

[JudgeRatty]

Aug 14, 2013 7:42:57 GMT -5 funkyodar said:

Aug 14, 2013 0:11:56 GMT -5 guardian said:

Thanks to all. Sounds like the federal ALJ's are as great as those at my state agency. Traveling to DC on a longshot is a little scary. Do I have a score at this point and will they give it to me? (I've been asked to take the test in DC and interview).

There has been some debate on the boards about the scoring, Guardian.  Some hold the belief that Phase 2 scoring was just to pick those that got invites to DC.  Others think the phase 2 scores will be combined (in some fashion and and as an unknown percentage of the total) with the scores from the DC testing/SI and that will be your total score that you receive on your final NOR.  The implication is, we are ranked as we go in to DC instead of all starting DC equal.  Thus, some may have a little slack in what they need to accomplish in DC due to high scores on Phase 2 testing, while some have ground to make up.  (No one can take any comfort from that thought, however, because we don't know our phase 2 scores and have no idea how much phase 2 counts in the total.)

I align myself in the camp that thinks phase 2 scores still matter.  Best evidenec for this is the OPM statement that vet pref points were added to Phase 2 scores to give vets a bump over the cutoff hurdle, then are removed once they start phase 3.  If we all started at zero in DC, why the necessity to remove the points at that level?

It's all really an academic and timewasting endeavor though.  As agilitymom stated, we won't be told any scores until all testing is complete and you have your NOR.  So no way to base your decision on going through with the DC testing on where you stand in the herd now.

The original announcement states:

"Final Numerical Rating: Applicants who complete all portions of the assessment process and achieve a minimum required score on both the WD and SI will be issued a final numerical rating on a scale of 1 – 100. The rating will be based on the scores assigned for the SJT/Writing Sample/Experience Assessment, WD/LBMT, and SI components of the examination with a maximum possible total score of 100, excluding veterans' preference."

Based on the original posting, ALL components are part of the final score.

[mcb]

Aug 14, 2013 8:07:19 GMT -5 JudgeRatty said:

Based on the original posting, ALL components are part of the final score.

THey were under the prior assessment process.

[JudgeRatty]

I respecfully disagree since it says SJTand EA as those were not on the prior process.

[gunner]

Aug 13, 2013 15:13:25 GMT -5 ruonthelist said:

I personally know of four agencies other than SSA that have hired from the register in recent years, and there may be others, but funkyodar is right, it is statistically a long shot.

What were the agencies, if you are willing to reveal them?

[mcb]

Aug 14, 2013 11:20:21 GMT -5 JudgeRatty said:

I respecfully disagree since it says SJTand EA as those were not on the prior process.

I'm just saying all components of the prior assessment process were considered together to arrive at your score. SMH.

[JudgeRatty]

Aug 14, 2013 12:32:44 GMT -5 mcb said:

Aug 14, 2013 11:20:21 GMT -5 JudgeRatty said:

I respecfully disagree since it says SJTand EA as those were not on the prior process.

I'm just saying all components of the prior assessment process were considered together to arrive at your score. SMH.

AH! Ok, sorry, I misread your post to mean something entirely different. Gotcha. Never mind!