relax
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Post by relax on Jul 10, 2013 18:27:29 GMT -5
Sklar has already spoken about a new national screening program being put into place for the senior attorneys after the VSU finishes. There is a new senior attorney cadre, & a solicitation went out for senior attorney training instructors. Almost every region has posted quality review attorney job opportunities at the 13 level. So it seems like there are a more opportunities for senior attorneys right now than there have been in the past.
I also heard the same things that Rob wrote earlier about the ALJ hiring.
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Post by funkyodar on Jul 10, 2013 18:38:53 GMT -5
You guys may be right on the hiring. I've surely been surprised by the budget stupidity in congress before.
That said, if ODAR has the 200 some odd alj retirements they expect next year added to the already existing 90 some odd vacancies, the alj corp will be 20% below target. I can't fathom them letting it get that bad.
Each congressman would have to hire additional staff just to deal with constituents complaining about waiting 3 years for their hearing.
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Post by funkyodar on Jul 10, 2013 19:19:41 GMT -5
At the R4 GS training Sklar laid out the new plan for SAAs. I was asked to not disclose the details beyond saying wewon't lose all signatory authority but OTRs will be exceedingly rare.
Also advised to expect staff furloughs next fiscal year. In regards to alj hiring, it is still up in the air but will likely be very limited.
Oh well, we can pray for a congressional miracle. At least some of us will be on the register when hiring finally gets greenlighted as indications are this new register will be in place for quite some time.
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johnx
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Post by johnx on Jul 10, 2013 19:23:33 GMT -5
At the R4 GS training Sklar laid out the new plan for SAAs. I was asked to not disclose the details beyond saying wewon't lose all signatory authority but OTRs will be exceedingly rare. Also advised to expect staff furloughs next fiscal year. In regards to alj hiring, it is still up in the air but will likely be very limited. Oh well, we can pray for a congressional miracle. At least some of us will be on the register when hiring finally gets greenlighted as indications are this new register will be in place for quite some time. Thanks for the info.
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Post by hopefalj on Jul 10, 2013 20:09:23 GMT -5
At the R4 GS training Sklar laid out the new plan for SAAs. I was asked to not disclose the details beyond saying wewon't lose all signatory authority but OTRs will be exceedingly rare. Also advised to expect staff furloughs next fiscal year. In regards to alj hiring, it is still up in the air but will likely be very limited. Oh well, we can pray for a congressional miracle. At least some of us will be on the register when hiring finally gets greenlighted as indications are this new register will be in place for quite some time. Mmmmm... furloughs. When i think of furloughs,I can't help but be reminded of Homer Simpson's quote: "Woo hoo! Four-day weekend!" Fingers crossed that some sort of funding comes through to at least keep things status quo. Thanks for sharing.
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Deleted
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Post by Deleted on Jul 10, 2013 20:30:16 GMT -5
At the R4 GS training Sklar laid out the new plan for SAAs. I was asked to not disclose the details beyond saying wewon't lose all signatory authority but OTRs will be exceedingly rare. Also advised to expect staff furloughs next fiscal year. In regards to alj hiring, it is still up in the air but will likely be very limited. Oh well, we can pray for a congressional miracle. At least some of us will be on the register when hiring finally gets greenlighted as indications are this new register will be in place for quite some time. I work within DoD, we are furloughed for 11 days this FY, this past Monday was my first furlough day and next week's check will be 10 percent lighter. Next pay period will have two furlough days and a 20 percent pay cut. To top it off I am defending the Agency in the MSPB Furlough appeals.
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Post by moopigsdad on Jul 10, 2013 20:53:23 GMT -5
At the R4 GS training Sklar laid out the new plan for SAAs. I was asked to not disclose the details beyond saying wewon't lose all signatory authority but OTRs will be exceedingly rare. Also advised to expect staff furloughs next fiscal year. In regards to alj hiring, it is still up in the air but will likely be very limited. Oh well, we can pray for a congressional miracle. At least some of us will be on the register when hiring finally gets greenlighted as indications are this new register will be in place for quite some time. I work within DoD, we are furloughed for 11 days this FY, this past Monday was my first furlough day and next week's check will be 10 percent lighter. Next pay period will have two furlough days and a 20 percent pay cut. To top it off I am defending the Agency in the MSPB Furlough appeals. So sorry to hear that exjag. I work for a state and we did the same thing a year or two ago. It isn't good news.
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Deleted
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Post by Deleted on Jul 11, 2013 4:32:46 GMT -5
I work within DoD, we are furloughed for 11 days this FY, this past Monday was my first furlough day and next week's check will be 10 percent lighter. Next pay period will have two furlough days and a 20 percent pay cut. To top it off I am defending the Agency in the MSPB Furlough appeals. So sorry to hear that exjag. I work for a state and we did the same thing a year or two ago. It isn't good news. Thx MPD, not much can be done because of the dysfunctional congressional system we currently have. If the sequester continues into next year we were told last week that there will be furloughs of 22 work days for FY 14. There is also talks of Reductions in Force.
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Post by booney58 on Jul 11, 2013 6:32:42 GMT -5
Just to add, if they no longer have SAAs and there is no forseeable alj hiring, SSA may need to prepare itself for losing some quality writers. With no chance at advancement attorney adviser isn't such a sweet gig. I already know a couple writers not even close to retirement that are exploring doing rep work once they learned their chances of alj are slim to none with the new litigation centric application process. Oh yes, SSA will definitely lose some quality writers. Most AA's in my office are sending out resumes fast and furious--to other agencies and also private firms. No attorneys have been promoted in my office in 4 years. And in my particular region, pre-selection is rampant. By the time the position is posted on USAJOBS, management knows exactly who they want in a particular position and that's that. Doesn't matter if you are super-productive, do extra tasks like acting GS or mentoring, etc. If you don't know the right folks, you're SOL. I have no reason to believe the "QR specialist" positions that have been advertised in my region won't be filled the exact same way. Some of us are trying to get litigation positions for ALJ application purposes, but most just want out of ODAR. If I could get my "dream job" doing health care law at HHS--and actually had the chance to advance up to GS-14 or GS-15 (I can't do that at ODAR!)--I might seriously consider forgetting all of this nonsense. It would certainly lower my stress level, and I'd have to spend less money on heartburn medication! Now, more on topic of the thread: I have heard Chief Judge Bice say more than once that SSA is simply waiting for the authority to hire 20-30 ALJ's sometime this fall. So, it appears the cert from the previous registry may not be dead after all. I can't imagine OPM getting their act together fast enough to have a "new" registry going by September. But, I've been wrong before....(like when I accepted a job with ODAR).
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Post by moopigsdad on Jul 11, 2013 7:08:42 GMT -5
Just to add, if they no longer have SAAs and there is no forseeable alj hiring, SSA may need to prepare itself for losing some quality writers. With no chance at advancement attorney adviser isn't such a sweet gig. I already know a couple writers not even close to retirement that are exploring doing rep work once they learned their chances of alj are slim to none with the new litigation centric application process. Oh yes, SSA will definitely lose some quality writers. Most AA's in my office are sending out resumes fast and furious--to other agencies and also private firms. No attorneys have been promoted in my office in 4 years. And in my particular region, pre-selection is rampant. By the time the position is posted on USAJOBS, management knows exactly who they want in a particular position and that's that. Doesn't matter if you are super-productive, do extra tasks like acting GS or mentoring, etc. If you don't know the right folks, you're SOL. I have no reason to believe the "QR specialist" positions that have been advertised in my region won't be filled the exact same way. Some of us are trying to get litigation positions for ALJ application purposes, but most just want out of ODAR. If I could get my "dream job" doing health care law at HHS--and actually had the chance to advance up to GS-14 or GS-15 (I can't do that at ODAR!)--I might seriously consider forgetting all of this nonsense. It would certainly lower my stress level, and I'd have to spend less money on heartburn medication! Now, more on topic of the thread: I have heard Chief Judge Bice say more than once that SSA is simply waiting for the authority to hire 20-30 ALJ's sometime this fall. So, it appears the cert from the previous registry may not be dead after all. I can't imagine OPM getting their act together fast enough to have a "new" registry going by September. But, I've been wrong before....(like when I accepted a job with ODAR). Sorry for all the grief you face in your ODAR office booney58. I may seriously need to reconsider my quest for an ALJ position based upon many comments on this Board about how bad it is there. However, I will let you know it is bad all over right now. I work for a state government and the same type of shenanigans goes on here. With the economy the way it is there is no benefit to be non-management right now. I hope you can find your dream job, but I wouldn't hold my breath. All we can do is hope things improve in the economy and more job positions are created, which in turn would make things better for the workers again. Too many workers and not enough jobs is a recipe for disaster and disharmony. Good luck!
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Deleted
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Post by Deleted on Jul 11, 2013 8:41:00 GMT -5
Oh yes, SSA will definitely lose some quality writers. Most AA's in my office are sending out resumes fast and furious--to other agencies and also private firms. No attorneys have been promoted in my office in 4 years. And in my particular region, pre-selection is rampant. By the time the position is posted on USAJOBS, management knows exactly who they want in a particular position and that's that. Doesn't matter if you are super-productive, do extra tasks like acting GS or mentoring, etc. If you don't know the right folks, you're SOL. I have no reason to believe the "QR specialist" positions that have been advertised in my region won't be filled the exact same way. Some of us are trying to get litigation positions for ALJ application purposes, but most just want out of ODAR. If I could get my "dream job" doing health care law at HHS--and actually had the chance to advance up to GS-14 or GS-15 (I can't do that at ODAR!)--I might seriously consider forgetting all of this nonsense. It would certainly lower my stress level, and I'd have to spend less money on heartburn medication! Now, more on topic of the thread: I have heard Chief Judge Bice say more than once that SSA is simply waiting for the authority to hire 20-30 ALJ's sometime this fall. So, it appears the cert from the previous registry may not be dead after all. I can't imagine OPM getting their act together fast enough to have a "new" registry going by September. But, I've been wrong before....(like when I accepted a job with ODAR). Sorry for all the grief you face in your ODAR office booney58. I may seriously need to reconsider my quest for an ALJ position based upon many comments on this Board about how bad it is there. However, I will let you know it is bad all over right now. I work for a state government and the same type of shenanigans goes on here. With the economy the way it is there is no benefit to be non-management right now. I hope you can find your dream job, but I wouldn't hold my breath. All we can do is hope things improve in the economy and more job positions are created, which in turn would make things better for the workers again. Too many workers and not enough jobs is a recipe for disaster and disharmony. Good luck! ODAR can be a great place to work depending on your disposition/goals. If you are a mom or dad that has young children and live in a nice area it is an excellent job because your hours are steady and you can work from home. If you are a go getter and want to grow as an attorney it can be a frustrating place to be after a year or two. I worked for ODAR for two years. I found the work to be fairly straight forward and it took me about a month to have a good idea what was required and I started writing unfavorable decisions that the ALJs and Management liked. Rehashing the medical record was a waste of time in my opinion, it was a given that the ALJ reviewed the entire record and I stated so in a few sentences—writing an unfavorable was basically the same thing as writing a summary judgment motion—hammer home the evidence that supports your position and discount the evidence that does not. I tried to get fellow writers to drop the habit of summarizing the medical record in multiple pages but old habits are hard to break and their numbers did not show the many hours of work they put in. After a year however, I became restless and wanted greater responsibility and greater pay. I was burnt out from the military when I first joined ODAR and found great pleasure in the autonomy and individual work that I got as a writer but once I had recovered from the burn out I wanted to work in a job that entailed more team work. The quickest route I thought would be to ask to become a group supervisor since I had a significant amount of time supervising other folks prior to joining ODAR. I applied to every GS position that popped up, I did not care where it was. I got plenty of interviews but it seemed that the person was always pre-selected. The jobs always went to someone in the office where the vacancy existed. I was on track to move to an FRO position in Falls Church but then the program got scrapped when Astrue took over. Seeing no opportunities on the horizon I decided to leave SSA and go back to the DoD where I knew I could get more challenging work and move up from the GS-12 position I now felt trapped in. My wife loved the area where we were in ODAR but I was miserable so I got a GS-13 gig in DoD, a year later I picked up my GS-14 and last year I got my GS-15. I value what I learned in the two years I was at ODAR but had way too many years ahead of me to stay there and wait out a GS-13 position. Plus, I realized that the longer I stayed in ODAR the harder it would be to market myself outside of an practice area other than disability law. My advice to anyone who feels that they desire to get promoted or to practice in other areas is to get out of ODAR as soon as possible. If you value the pros of ODAR then there should be no reason to leave but leaving made me way more marketable for the ALJ job and I do plan on making the register and if I get on a cert based on my limited GAL I am sure the folks interviewing me will have access to the type of productivity I had when I worked at ODAR.
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Post by moopigsdad on Jul 11, 2013 9:02:52 GMT -5
ODAR can be a great place to work depending on your disposition/goals. If you are a mom or dad that has young children and live in a nice area it is an excellent job because your hours are steady and you can work from home. If you are a go getter and want to grow as an attorney it can be a frustrating place to be after a year or two. I worked for ODAR for two years. I found the work to be fairly straight forward and it took me about a month to have a good idea what was required and I started writing unfavorable decisions that the ALJs and Management liked. Rehashing the medical record was a waste of time in my opinion, it was a given that the ALJ reviewed the entire record and I stated so in a few sentences—writing an unfavorable was basically the same thing as writing a summary judgment motion—hammer home the evidence that supports your position and discount the evidence that does not. I tried to get fellow writers to drop the habit of summarizing the medical record in multiple pages but old habits are hard to break and their numbers did not show the many hours of work they put in. After a year however, I became restless and wanted greater responsibility and greater pay. I was burnt out from the military when I first joined ODAR and found great pleasure in the autonomy and individual work that I got as a writer but once I had recovered from the burn out I wanted to work in a job that entailed more team work. The quickest route I thought would be to ask to become a group supervisor since I had a significant amount of time supervising other folks prior to joining ODAR. I applied to every GS position that popped up, I did not care where it was. I got plenty of interviews but it seemed that the person was always pre-selected. The jobs always went to someone in the office where the vacancy existed. I was on track to move to an FRO position in Falls Church but then the program got scrapped when Astrue took over. Seeing no opportunities on the horizon I decided to leave SSA and go back to the DoD where I knew I could get more challenging work and move up from the GS-12 position I now felt trapped in. My wife loved the area where we were in ODAR but I was miserable so I got a GS-13 gig in DoD, a year later I picked up my GS-14 and last year I got my GS-15. I value what I learned in the two years I was at ODAR but had way too many years ahead of me to stay there and wait out a GS-13 position. Plus, I realized that the longer I stayed in ODAR the harder it would be to market myself outside of an practice area other than disability law. My advice to anyone who feels that they desire to get promoted or to practice in other areas is to get out of ODAR as soon as possible. If you value the pros of ODAR then there should be no reason to leave but leaving made me way more marketable for the ALJ job and I do plan on making the register and if I get on a cert based on my limited GAL I am sure the folks interviewing me will have access to the type of productivity I had when I worked at ODAR. The only problem exjag with a limited cert, depending upon what ODARs you selected, those positions may never open up in a cert for someone on the register. Hence, I heeded the advice and chose a fairly wide GAL, so my opportunity to gain a cert will be much more likely, than if I only placed only a limited GAL. I wish you luck, but with your background obtaining the ALJ position should a cert open up within your GAL you should do well.
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Post by ssaer on Jul 11, 2013 9:10:12 GMT -5
I may seriously need to reconsider my quest for an ALJ position based upon many comments on this Board about how bad it is there. I would urge you not to abandon the quest. There are many of us who truly love being SSA ALJs, for a variety of reasons: daily, we get to assist individuals who are in great need and distress. It's a "people-oriented" position, in which we get to glimpse life through the eyes of a most diverse collection of people, with an abundance of interesting backgrounds, perspectives and experiences. Our colleagues are, by and large, a hard working and collegial group, with a deep and abiding commitment to public service. The job is consistent with the maintenance of a lifestyle outside of work, with ample time for family, interests, friends, and community involvement, and the pay is decent. ODAR provides us with a great deal of decisional independence and with a variety of tools for the effective accomplishment of our responsibilities. And we are generally treated with a great deal of respect from claimants, representatives, and coworkers. Are there challenges and inefficiencies? Of course. But, in my view and that of many others, these pale by comparison with the advantages of this magnificant and important job.
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Post by moopigsdad on Jul 11, 2013 9:18:10 GMT -5
I may seriously need to reconsider my quest for an ALJ position based upon many comments on this Board about how bad it is there. I would urge you not to abandon the quest. There are many of us who truly love being SSA ALJs, for a variety of reasons: daily, we get to assist individuals who are in great need and distress. It's a "people-oriented" position, in which we get to glimpse life through the eyes of a most diverse collection of people, with an abundance of interesting backgrounds, perspectives and experiences. Our colleagues are, by and large, a hard working and collegial group, with a deep and abiding commitment to public service. The job is consistent with the maintenance of a lifestyle outside of work, with ample time for family, interests, friends, and community involvement, and the pay is decent. ODAR provides us with a great deal of decisional independence and with a variety of tools for the effective accomplishment of our responsibilities. And we are generally treated with a great deal of respect from claimants, representatives, and coworkers. Are there challenges and inefficiencies? Of course. But, in my view and that of many others, these pale by comparison with the advantages of this magnificant and important job. ssaer I was sympathizing with booney 58, but in reality I would not abandon my quest for trying to become an ALJ. It is something I have wanted to do for years, but never had the opportunity to do because of other commitments in life. I truly understand "public service" and helping those in "distress". It would be the ideal dream job for me, but we will wait and see if I can ever garner such a position. I have close to thirty years involved around SSA law and regulations. Thanks for the pep talk about the advantages and good things about the position, I appreciate it.
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Post by booney58 on Jul 11, 2013 9:20:24 GMT -5
Oh yes, SSA will definitely lose some quality writers. Most AA's in my office are sending out resumes fast and furious--to other agencies and also private firms. No attorneys have been promoted in my office in 4 years. And in my particular region, pre-selection is rampant. By the time the position is posted on USAJOBS, management knows exactly who they want in a particular position and that's that. Doesn't matter if you are super-productive, do extra tasks like acting GS or mentoring, etc. If you don't know the right folks, you're SOL. I have no reason to believe the "QR specialist" positions that have been advertised in my region won't be filled the exact same way. Some of us are trying to get litigation positions for ALJ application purposes, but most just want out of ODAR. If I could get my "dream job" doing health care law at HHS--and actually had the chance to advance up to GS-14 or GS-15 (I can't do that at ODAR!)--I might seriously consider forgetting all of this nonsense. It would certainly lower my stress level, and I'd have to spend less money on heartburn medication! Now, more on topic of the thread: I have heard Chief Judge Bice say more than once that SSA is simply waiting for the authority to hire 20-30 ALJ's sometime this fall. So, it appears the cert from the previous registry may not be dead after all. I can't imagine OPM getting their act together fast enough to have a "new" registry going by September. But, I've been wrong before....(like when I accepted a job with ODAR). Sorry for all the grief you face in your ODAR office booney58. I may seriously need to reconsider my quest for an ALJ position based upon many comments on this Board about how bad it is there. However, I will let you know it is bad all over right now. I work for a state government and the same type of shenanigans goes on here. With the economy the way it is there is no benefit to be non-management right now. I hope you can find your dream job, but I wouldn't hold my breath. All we can do is hope things improve in the economy and more job positions are created, which in turn would make things better for the workers again. Too many workers and not enough jobs is a recipe for disaster and disharmony. Good luck! MPD, I have been told it is quite different in other offices, i.e. offices where support staff actually have a work ethic and do what they need to do. I know from talking with an ALJ friend of mine who was in a different region for his first assignment, that was the case there. He is now in Region 4 and not a happy camper. I know I should not be all gloom and doom. I have heard from other ALJ's and AA's that it is not bad. Sorry, it's just one of those very frustrating days when the politics and lack of work ethic around my office are getting to me! I should not post on those days!
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Post by moopigsdad on Jul 11, 2013 9:55:09 GMT -5
booney 58 thanks for the post. I don't mind an occasional vent, as we all do it once in a while. Nothing to be ashamed of at all.
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Post by bartleby on Jul 11, 2013 10:37:04 GMT -5
Just when you thought it was safe to go back into the water. The latest from the Chief Judge. Instructions on how to do instructions and from what I understand there will be reviews of ALJ instructions to make sure they are doing what she wants. Problem is, if you do all that she would like, you would be better off and quicker writing the decision yourself. Think of 12-15 hearings a week and instructions for all of them. I feel that if one were to address everything she requests, it would take between 1-3 hours on each decision.. Come on aboard, the water is fine. Some of the ALJs that think the Agency is okay have been getting by with happy faces and up and down arrows as intructions, surprise, surprise. And since when is it not the ALJs perogative to decide what is and is not legally sufficient. Anyhow, this is it:
MEMORANDUM
Refer To: ACL 13-203 Date: July 10, 2013 To: All Administrative Law Judges
From: Debra Bice /s/ Chief Administrative Law Judge
Subject: Expectations for Instructions to Decision Writers -- INFORMATION Last year, I shared some expectations for legally sufficient decisions. Legally sufficient decisions are decisions that are supported by substantial evidence and are reached through the application of the correct legal standard. As expressed in that memorandum, our goal is to provide timely decisions that are consistent with laws, regulations, rulings, and agency policy. To achieve that goal, it is important that the Administrative Law Judge (ALJ) and the decision writer work as a team to produce high quality decisions in a timely manner. The process for legally sufficient decisions begins with the issuance of clear and complete decision-writing instructions. As expressed in HALLEX I-2-8-20, “the ALJ is responsible for providing clear directions on the rationale supporting the resolution of each issue necessary to reach the ultimate conclusion.” Therefore, each ALJ should ensure that his or her instructions to the decision writer are complete, clear, and policy-compliant before releasing a case for decision writing. In writing your instructions, you should attempt to communicate sufficient accurate information so that the decision writer fully understands the particulars of what you want in the decision and why you made that decision. Tell the decision writer the key evidence that led to your decision, and if applicable, why you did not find the claimant’s statements regarding his or her limitations to be credible or supported by the evidence. Where there are conflicts in the evidence, explain how you want the conflict resolved so that the decision writer does not have to guess. If your instructions are free of ambiguities, the decision writer will be better able to follow your instructions quickly. The following are some things to keep in mind when preparing decision-writing instructions:
GENERAL • Provide directions for each step of the sequential evaluation process, and clearly identify the step at which the claim is being allowed or denied. When appropriate, use the “B” and “C” criteria to rate the severity of mental impairments at steps two and three of the sequential evaluation process. • Identify the major exhibits or testimony that provides support for your specific findings and the ultimate conclusion. • If appropriate, indicate to the decision writer whether drug addiction and alcoholism is a contributing factor material to the determination that the claimant is disabled, and provide the rationale for the materiality finding. See 20 CFR 404.1535, 416.935 and SSR 13-2p. • To ensure consistency in the form and format of the instructions and to ensure policy compliance, consider using available tools such as Electronic Bench Book and Findings Integrated Templates (FIT) or enhanced FIT instructions. • Although we recommend that you do not use handwritten instructions, if you elect to do so, you must ensure that your handwriting is legible. Consider typing your instructions or using DRAGON software rather than handwriting the instructions. • Avoid abbreviations that are not widely known. • Make the instructions brief but clear. You can cover the necessary points in most cases in a few pages.
HEARING TESTIMONY • Include the key points from relevant testimony in your instructions. • Do not routinely instruct the decision writer to listen to the hearing recording unless there are circumstances that require the writer to listen to a particular segment. In such instances, clearly direct the writer to where the relevant testimony can be found on the recording, such as “claimant’s testimony at 35:00 to 38:00.”
RESIDUAL FUNCTIONAL CAPACITY (RFC) • Specify the function by function limitations. Avoid general phrases, such as “less than sedentary” or “unable to sustain full time work,” that do not phrase the RFC in functional terms. • Use precise terms that mean the same to all. Avoid use of ambiguous terms like “moderate” in the RFC. • Ensure that the limitation(s) for each severe impairment is included in the RFC. • Ensure that the RFC finding in the decision is identical to the vocational expert (VE) hypothetical used during the hearing.
MEDICAL EVIDENCE AND OPINIONS • Assign appropriate weight to all relevant opinions. • Articulate the reasons for the weight given in clear, concise, and accurate language. • Cite the supporting evidence.
CREDIBILITY • Discuss the credibility of the individual’s complaints of pain and other symptoms. • Identify specific exhibits, page numbers, and testimony that support the credibility determination.
WORK HISTORY AND OTHER WORK • When relevant, specify in the instructions your conclusion as to the claimant’s past relevant work. Do not include just a recitation of the claimant’s work history. See 20 CFR 404.1560 and 416.960. • If making a step five decision, specify the other work identified by the VE. Do not instruct the decision writer to listen to the hearing recording for the work identified.
The issuance of clear and complete decision-writing instructions is a significant part of our effort to continue providing timely, legally sufficient, and accurate decisions. Although the process of preparing quality decisions may take longer, investing the time to produce a quality decision means there will be fewer remands, resulting in a reduction of the cases we must rework and the delivery of better public service.
Please contact your regional office with questions. The staff contact for regional inquiries is Joyce B. Parker, who can be reached at 703-605-8009.
cc: Associate Chief Administrative Law Judges Regional Chief Administrative Law Judges Regional Office Management Teams Hearing Office Management Teams
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Post by moopigsdad on Jul 11, 2013 10:46:58 GMT -5
Just when you thought it was safe to go back into the water. The latest from the Chief Judge. Instructions on how to do instructions and from what I understand there will be reviews of ALJ instructions to make sure they are doing what she wants. Problem is, if you do all that she would like, you would be better off and quicker writing the decision yourself. Think of 12-15 hearings a week and instructions for all of them. I feel that if one were to address everything she requests, it would take between 1-3 hours on each decision.. Come on aboard, the water is fine. Some of the ALJs that think the Agency is okay have been getting by with happy faces and up and down arrows as intructions, surprise, surprise. And since when is it not the ALJs perogative to decide what is and is not legally sufficient. Anyhow, this is it: MEMORANDUM Refer To: ACL 13-203 Date: July 10, 2013 To: All Administrative Law Judges From: Debra Bice /s/ Chief Administrative Law Judge Subject: Expectations for Instructions to Decision Writers -- INFORMATION Last year, I shared some expectations for legally sufficient decisions. Legally sufficient decisions are decisions that are supported by substantial evidence and are reached through the application of the correct legal standard. As expressed in that memorandum, our goal is to provide timely decisions that are consistent with laws, regulations, rulings, and agency policy. To achieve that goal, it is important that the Administrative Law Judge (ALJ) and the decision writer work as a team to produce high quality decisions in a timely manner. The process for legally sufficient decisions begins with the issuance of clear and complete decision-writing instructions. As expressed in HALLEX I-2-8-20, “the ALJ is responsible for providing clear directions on the rationale supporting the resolution of each issue necessary to reach the ultimate conclusion.” Therefore, each ALJ should ensure that his or her instructions to the decision writer are complete, clear, and policy-compliant before releasing a case for decision writing. In writing your instructions, you should attempt to communicate sufficient accurate information so that the decision writer fully understands the particulars of what you want in the decision and why you made that decision. Tell the decision writer the key evidence that led to your decision, and if applicable, why you did not find the claimant’s statements regarding his or her limitations to be credible or supported by the evidence. Where there are conflicts in the evidence, explain how you want the conflict resolved so that the decision writer does not have to guess. If your instructions are free of ambiguities, the decision writer will be better able to follow your instructions quickly. The following are some things to keep in mind when preparing decision-writing instructions: GENERAL • Provide directions for each step of the sequential evaluation process, and clearly identify the step at which the claim is being allowed or denied. When appropriate, use the “B” and “C” criteria to rate the severity of mental impairments at steps two and three of the sequential evaluation process. • Identify the major exhibits or testimony that provides support for your specific findings and the ultimate conclusion. • If appropriate, indicate to the decision writer whether drug addiction and alcoholism is a contributing factor material to the determination that the claimant is disabled, and provide the rationale for the materiality finding. See 20 CFR 404.1535, 416.935 and SSR 13-2p. • To ensure consistency in the form and format of the instructions and to ensure policy compliance, consider using available tools such as Electronic Bench Book and Findings Integrated Templates (FIT) or enhanced FIT instructions. • Although we recommend that you do not use handwritten instructions, if you elect to do so, you must ensure that your handwriting is legible. Consider typing your instructions or using DRAGON software rather than handwriting the instructions. • Avoid abbreviations that are not widely known. • Make the instructions brief but clear. You can cover the necessary points in most cases in a few pages. HEARING TESTIMONY • Include the key points from relevant testimony in your instructions. • Do not routinely instruct the decision writer to listen to the hearing recording unless there are circumstances that require the writer to listen to a particular segment. In such instances, clearly direct the writer to where the relevant testimony can be found on the recording, such as “claimant’s testimony at 35:00 to 38:00.” RESIDUAL FUNCTIONAL CAPACITY (RFC) • Specify the function by function limitations. Avoid general phrases, such as “less than sedentary” or “unable to sustain full time work,” that do not phrase the RFC in functional terms. • Use precise terms that mean the same to all. Avoid use of ambiguous terms like “moderate” in the RFC. • Ensure that the limitation(s) for each severe impairment is included in the RFC. • Ensure that the RFC finding in the decision is identical to the vocational expert (VE) hypothetical used during the hearing. MEDICAL EVIDENCE AND OPINIONS • Assign appropriate weight to all relevant opinions. • Articulate the reasons for the weight given in clear, concise, and accurate language. • Cite the supporting evidence. CREDIBILITY • Discuss the credibility of the individual’s complaints of pain and other symptoms. • Identify specific exhibits, page numbers, and testimony that support the credibility determination. WORK HISTORY AND OTHER WORK • When relevant, specify in the instructions your conclusion as to the claimant’s past relevant work. Do not include just a recitation of the claimant’s work history. See 20 CFR 404.1560 and 416.960. • If making a step five decision, specify the other work identified by the VE. Do not instruct the decision writer to listen to the hearing recording for the work identified. The issuance of clear and complete decision-writing instructions is a significant part of our effort to continue providing timely, legally sufficient, and accurate decisions. Although the process of preparing quality decisions may take longer, investing the time to produce a quality decision means there will be fewer remands, resulting in a reduction of the cases we must rework and the delivery of better public service. Please contact your regional office with questions. The staff contact for regional inquiries is Joyce B. Parker, who can be reached at 703-605-8009. cc: Associate Chief Administrative Law Judges Regional Chief Administrative Law Judges Regional Office Management Teams Hearing Office Management Teams Thanks for passing on the information bartleby. It looks like a lot of ALJs will be working much more than 40 hours per week if in fact they are to produce "supposedly" between 500 to 700 decisions in a year.
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Post by lysacek on Jul 11, 2013 11:38:30 GMT -5
Just when you thought it was safe to go back into the water. The latest from the Chief Judge. Instructions on how to do instructions and from what I understand there will be reviews of ALJ instructions to make sure they are doing what she wants. Problem is, if you do all that she would like, you would be better off and quicker writing the decision yourself. Think of 12-15 hearings a week and instructions for all of them. I feel that if one were to address everything she requests, it would take between 1-3 hours on each decision.. Come on aboard, the water is fine. Some of the ALJs that think the Agency is okay have been getting by with happy faces and up and down arrows as intructions, surprise, surprise. And since when is it not the ALJs perogative to decide what is and is not legally sufficient. Anyhow, this is it: MEMORANDUM Refer To: ACL 13-203 Date: July 10, 2013 To: All Administrative Law Judges From: Debra Bice /s/ Chief Administrative Law Judge Subject: Expectations for Instructions to Decision Writers -- INFORMATION Last year, I shared some expectations for legally sufficient decisions. Legally sufficient decisions are decisions that are supported by substantial evidence and are reached through the application of the correct legal standard. As expressed in that memorandum, our goal is to provide timely decisions that are consistent with laws, regulations, rulings, and agency policy. To achieve that goal, it is important that the Administrative Law Judge (ALJ) and the decision writer work as a team to produce high quality decisions in a timely manner. The process for legally sufficient decisions begins with the issuance of clear and complete decision-writing instructions. As expressed in HALLEX I-2-8-20, “the ALJ is responsible for providing clear directions on the rationale supporting the resolution of each issue necessary to reach the ultimate conclusion.” Therefore, each ALJ should ensure that his or her instructions to the decision writer are complete, clear, and policy-compliant before releasing a case for decision writing. In writing your instructions, you should attempt to communicate sufficient accurate information so that the decision writer fully understands the particulars of what you want in the decision and why you made that decision. Tell the decision writer the key evidence that led to your decision, and if applicable, why you did not find the claimant’s statements regarding his or her limitations to be credible or supported by the evidence. Where there are conflicts in the evidence, explain how you want the conflict resolved so that the decision writer does not have to guess. If your instructions are free of ambiguities, the decision writer will be better able to follow your instructions quickly. The following are some things to keep in mind when preparing decision-writing instructions: GENERAL • Provide directions for each step of the sequential evaluation process, and clearly identify the step at which the claim is being allowed or denied. When appropriate, use the “B” and “C” criteria to rate the severity of mental impairments at steps two and three of the sequential evaluation process. • Identify the major exhibits or testimony that provides support for your specific findings and the ultimate conclusion. • If appropriate, indicate to the decision writer whether drug addiction and alcoholism is a contributing factor material to the determination that the claimant is disabled, and provide the rationale for the materiality finding. See 20 CFR 404.1535, 416.935 and SSR 13-2p. • To ensure consistency in the form and format of the instructions and to ensure policy compliance, consider using available tools such as Electronic Bench Book and Findings Integrated Templates (FIT) or enhanced FIT instructions. • Although we recommend that you do not use handwritten instructions, if you elect to do so, you must ensure that your handwriting is legible. Consider typing your instructions or using DRAGON software rather than handwriting the instructions. • Avoid abbreviations that are not widely known. • Make the instructions brief but clear. You can cover the necessary points in most cases in a few pages. HEARING TESTIMONY • Include the key points from relevant testimony in your instructions. • Do not routinely instruct the decision writer to listen to the hearing recording unless there are circumstances that require the writer to listen to a particular segment. In such instances, clearly direct the writer to where the relevant testimony can be found on the recording, such as “claimant’s testimony at 35:00 to 38:00.” RESIDUAL FUNCTIONAL CAPACITY (RFC) • Specify the function by function limitations. Avoid general phrases, such as “less than sedentary” or “unable to sustain full time work,” that do not phrase the RFC in functional terms. • Use precise terms that mean the same to all. Avoid use of ambiguous terms like “moderate” in the RFC. • Ensure that the limitation(s) for each severe impairment is included in the RFC. • Ensure that the RFC finding in the decision is identical to the vocational expert (VE) hypothetical used during the hearing. MEDICAL EVIDENCE AND OPINIONS • Assign appropriate weight to all relevant opinions. • Articulate the reasons for the weight given in clear, concise, and accurate language. • Cite the supporting evidence. CREDIBILITY • Discuss the credibility of the individual’s complaints of pain and other symptoms. • Identify specific exhibits, page numbers, and testimony that support the credibility determination. WORK HISTORY AND OTHER WORK • When relevant, specify in the instructions your conclusion as to the claimant’s past relevant work. Do not include just a recitation of the claimant’s work history. See 20 CFR 404.1560 and 416.960. • If making a step five decision, specify the other work identified by the VE. Do not instruct the decision writer to listen to the hearing recording for the work identified. The issuance of clear and complete decision-writing instructions is a significant part of our effort to continue providing timely, legally sufficient, and accurate decisions. Although the process of preparing quality decisions may take longer, investing the time to produce a quality decision means there will be fewer remands, resulting in a reduction of the cases we must rework and the delivery of better public service. Please contact your regional office with questions. The staff contact for regional inquiries is Joyce B. Parker, who can be reached at 703-605-8009. cc: Associate Chief Administrative Law Judges Regional Chief Administrative Law Judges Regional Office Management Teams Hearing Office Management Teams Hopefully this will encourage better ALJ instructions. It gets old receiving instructions that say "not credible" and then have to wade through 1000+ pages of VA medical records to determine why the claimant is not credible.
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Post by bartleby on Jul 11, 2013 11:43:50 GMT -5
It would be so much easier if we could just say, "Liar, liar pants on fire.", but nooooo.
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