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Post by gunner on Dec 24, 2013 11:18:47 GMT -5
How about something substantive to grapple with while you're drinking your eggnog? I found this article, www.harvardlawreview.org/media/pdf/vol127_hart.pdf, which is an essay on discretion by Harvard legend H.L.A Hart, fascinating. I'm curious whether the ALJs, particularly at SSA, feel they are exercising discretion of the sort described by Hart, in that their decisions lie somewhere between mere preference or whim on the one hand (like the preference for a martini over sherry), and a clearly defined set of guidelines to meet clear aims on the other. Hart discusses extensively what separates whim from discretion, but does not spend much time at the other end of the spectrum, where decisionmaking is so prescribed that little discretion is allowed. He uses the simple example of choosing a knife to sharpen a pencil when the only other options are spoons and forks to show that some choices are obvious, and the example of standing for the Star Spangled Banner as an example of when the choice is clearly dictated by custom. But what about when regulations attempt to minimize discretion? Do the ALJs feel that the hearing process attempts to limit discretionary decisionmaking? If so, do you think the attempt is successful?
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Post by gunner on Dec 24, 2013 11:20:53 GMT -5
"sthingies" is meant to refer to the eating utensil typically used to eat soup.
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osage
New Member
Posts: 5
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Post by osage on Jan 1, 2014 19:09:43 GMT -5
As an ALJ I have no problem when my discretion circumscribed by duly promulgaged regulations. It is the Agency's attempt to limit my discretion through executive order and OGC directives that is the problem.
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Post by bartleby on Jan 1, 2014 23:51:51 GMT -5
The problem is that the Rules, Regulations, Policies, Hallex, etc, are so contradictory and oblique that they are impossible to follow blindly. Each case has individual nuances that are not considered by the Agency and it's writings. I feel one must apply the writings (short for Rules, Regulations, Policies, Hallex, etc) as fairly as possible considering the individual nuances of the case. Any Agency that says it has a five step process and then later mentions the importance of step three and one-half must be questioned for their overall integrity..
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Post by hamster on Jan 2, 2014 9:49:51 GMT -5
Good grief! This is not rocket science. The cases that I see are 75% fact-driven and 25% grid-driven. We have to apply generally straight-forward policies (e.g. "the grids"), but the fact remains that if a claimant bungee jumps from tall bridges and skydives, he or she is not likely disabled. As an ALJ you find the facts and then apply the law/policy to those facts. IMHO, this evaluative process is far easier than most perceive it to be.
Best, Hamster
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Post by sandiferhands (old) on Jan 2, 2014 10:11:42 GMT -5
Good grief! This is not rocket science. The cases that I see are 75% fact-driven and 25% grid-driven. We have to apply generally straight-forward policies (e.g. "the grids"), but the fact remains that if a claimant bungee jumps from tall bridges and skydives, he or she is not likely disabled. As an ALJ you find the facts and then apply the law/policy to those facts. IMHO, this evaluative process is far easier than most perceive it to be. Best, Hamster Um...I assume you are just addressing the issue of physical and not mental disability...
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Post by hamster on Jan 2, 2014 13:12:52 GMT -5
Sandiferhands: Correct. Although (as you aptly point out) why anyone would want to jump out of a perfectly good airplane is beyond me. And, I don't wish to prejudge anyone's claim. There may be plenty of people able to skydive and bungee jump (and even traverse the North Pole by dogsled) who are not capable of engaging in competitive employment. It is incumbent upon all ALJs to keep an open mind. I certainly do.
Best, Hamster
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Post by chessparent on Jan 2, 2014 23:52:13 GMT -5
I hate to be obvious, but skydiving, bungee jumping and dog sledding seem to me very credible signs and symptoms of a listing level medically determinable mental impairment. Enough work- I just discovered "Game of Thrones."
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Post by anotherfed on Jan 3, 2014 0:03:14 GMT -5
I hate to be obvious, but skydiving, bungee jumping and dog sledding seem to me very credible signs and symptoms of a listing level medically determinable mental impairment. Enough work- I just discovered "Game of Thrones." I love Game of Thrones -- I've been alternating between Game of Thrones and the Board. Is life imitating art or vice versa?
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Post by chessparent on Jan 3, 2014 0:09:45 GMT -5
I hate to be obvious, but skydiving, bungee jumping and dog sledding seem to me very credible signs and symptoms of a listing level medically determinable mental impairment. Enough work- I just discovered "Game of Thrones." I love Game of Thrones -- I've been alternating between Game of Thrones and the Board. Is life imitating art or vice versa? I read the Board while I am watching Game of Thrones. Makes both activities more enjoyable. Could also explain my preference for court intrigue and chain mail lately.
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Post by anotherfed on Jan 3, 2014 1:29:00 GMT -5
I love Game of Thrones -- I've been alternating between Game of Thrones and the Board. Is life imitating art or vice versa? I read the Board while I am watching Game of Thrones. Makes both activities more enjoyable. Could also explain my preference for court intrigue and chain mail lately. Do you think chain mail would have helped at the SI?
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Post by hopefalj on Jan 3, 2014 9:18:18 GMT -5
I read the Board while I am watching Game of Thrones. Makes both activities more enjoyable. Could also explain my preference for court intrigue and chain mail lately. Do you think chain mail would have helped at the SI? I doubt it. The SI was similar to appearing before Joffrey's court. Don't think chain mail helped any of those unfortunate souls.
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Post by anotherfed on Jan 3, 2014 10:03:58 GMT -5
Do you think chain mail would have helped at the SI? I doubt it. The SI was similar to appearing before Joffrey's court. Don't think chain mail helped any of those unfortunate souls. So my take-away from this thread is that only dragons can defeat the process. Well, back to waiting andlooking for another diversion ... I only have two more episodes of Game of Thrones.
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Post by pubdef on Jan 3, 2014 10:13:57 GMT -5
I doubt it. The SI was similar to appearing before Joffrey's court. Don't think chain mail helped any of those unfortunate souls. So my take-away from this thread is that only dragons can defeat the process. Well, back to waiting andlooking for another diversion ... I only have two more episodes of Game of Thrones. I'll join in the GoT fun. Here is my feeble attempt. Maybe this process is like the undead White Walkers coming to destroy us. We are just hoping that after our crystal balls made of dragonglass failed to give us any insight into OPM process, and we broke them in frustration, we can use the crystal shard remains as spears to destroy process. Meh. I'll go with dragons.
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Post by chessparent on Jan 3, 2014 10:14:32 GMT -5
I do think it helped me. I wore my chain mail under my suit, and I "mailed" the interview.
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Post by pubdef on Jan 3, 2014 10:18:25 GMT -5
I do think it helped me. I wore my chain mail under my suit, and I "mailed" the interview. Ah, that was my mistake, I wore boiled leather. Which, by the way, is how I felt after the WD.
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Post by hamster on Jan 3, 2014 10:41:45 GMT -5
Game of Thrones, dragons, chain mail, and boiled leather? If, on the other hand you're able to keep to a more serious subject, like dog sledding, then I think that augurs well for a career as an ALJ. Time to get serious, my friends. And remember: If you're not the lead dog, the view never changes.
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Post by pubdef on Jan 3, 2014 11:09:39 GMT -5
Game of Thrones, dragons, chain mail, and boiled leather? If, on the other hand you're able to keep to a more serious subject, like dog sledding, then I think that augurs well for a career as an ALJ. Time to get serious, my friends. And remember: If you're not the lead dog, the view never changes. The trick is that the view doesn't matter! All the dogs wish to be the lead dog but none of them actually will ever be lead. The pack leader is in the back on the sled doing next to nothing when compared to the pack dogs. Think of this, ALJs, as you're mushing to meet or exceed your quotas this month.
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Post by sealaw90 on Jan 3, 2014 11:22:17 GMT -5
Otherfed, I recomend House of Cards if you're finished with Game of Thrones.
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Post by anotherfed on Jan 3, 2014 12:45:56 GMT -5
Otherfed, I recomend House of Cards if you're finished with Game of Thrones. Thanks for the rec -- I will look it up on iTunes when I get home. I need something to bridge the gap before Walking Dead starts up again. Which also bears a striking similarity to how I felt after the DC week of torture...
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