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Post by Deleted on Jun 18, 2016 16:58:27 GMT -5
There is never any reason for the judge to put anything in the ALPO stack. Never. We get paid to make decisions, not put them off. Pixie Agree 100%. I personally never understood the purpose of ALPO. The only times (extremely rare) that I would have a case in ALPO is my SCT moves it there as she could not figure out where else to temporarily put it while working cases. She immediately lets me know and I immediately move it out. newbies: ALPO = No Judges Land. Do Not Enter. |
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Post by Pixie on Jun 18, 2016 17:22:48 GMT -5
Yes, the SCT will also put a case there when new evidence has come in post hearing and before the decision is written. Not a problem for me as I have already written my instructions. I just look at my instructions and the new evidence. If no change, I note it to the writer and move to another case. If the new evidence does cause a change to a favorable decision, it is a simple matter to change to favorable instructions.
Newbies: ALPO is the category in which some judges will place a case if he hasn't made a decision. Basically another term for Under Advisement. These cases move too quickly (if you are doing your job) to take anything under advisement. Make a decision and move on.
I don't leave the hearing room after hearings until all decisions have been made and all instructions reduced to writing. I have found that I get far fewer interruptions in the hearing room, even after hearings have finished, than I do in my office.
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Post by Thomas fka Lance on Jun 18, 2016 17:43:59 GMT -5
Pixie, papajudge, et al., I always wondered about ALPO status.
Some Judges seem to almost never have a case in that status yet other Judges seem unable to move a case without running it through ALPO first.
Thank you for this explanantion. Yet another piece of valuable information I have learned from this Board.
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Post by Pixie on Jun 18, 2016 17:47:18 GMT -5
Pixie, papajudge, et al., I always wondered about ALPO status. Some Judges seem to almost never have a case in that status yet other Judges seem unable to move a case without running it through ALPO first.
Thank you for this explanantion. Yet another piece of valuable information I have learned from this Board. Yes, and I would be willing to bet those judges are behind in their cases in other categories and are not particularly productive. Pixie. |
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Post by onepingonly on Jun 18, 2016 17:53:13 GMT -5
I agree with Pixie. If you possibly can, decide the case by the end of the hearing and write your instructions by the end of the day. ALPO can be overwhelming. It's basically like doing the case twice. If ever a stitch in time saved nine, it's in deciding your cases right away.
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Post by marathon on Jun 18, 2016 18:53:14 GMT -5
Trust me, although there is quite of bit of paperwork, (electronic and real) none of it is TPS And, both of your WENUS will survive quite nicely I find the discussion of the computer logging itself off to be interesting. As an "insider" I do not have the issue of my computer shutting down quickly (after 5 or 10 minutes), it stays "active" for quite some time. I didn't think too many people would get the office space reference. One of my all-time favorite movies. I will be happy anywhere as long as they don't take away my red stapler. I'm not even kidding when I say that I had to get a replacement stapler at my office and they gave me a red swingline. I will be paying the price to take that one with me. I don't want to end up in a catfight like on Two Weeks Notice. |
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Post by JudgeRatty on Jun 18, 2016 20:23:39 GMT -5
Yes, the SCT will also put a case there when new evidence has come in post hearing and before the decision is written. Not a problem for me as I have already written my instructions. I just look at my instructions and the new evidence. If no change, I note it to the writer and move to another case. If the new evidence does cause a change to a favorable decision, it is a simple matter to change to favorable instructions. Newbies: ALPO is the category in which some judges will place a case if he hasn't made a decision. Basically another term for Under Advisement. These cases move too quickly (if you are doing your job) to take anything under advisement. Make a decision and move on. I don't leave the hearing room after hearings until all decisions have been made and all instructions reduced to writing. I have found that I get far fewer interruptions in the hearing room, even after hearings have finished, than I do in my office. This is something that I feel compelled to comment about. MANY of my classmates find themselves in the ALPO pile and it is ever expanding. I think there are some issues that need to be flushed out regarding this:
1. NO ONE controls your hearing schedule except you, the ALJ. Now, when I say this, I am taking into account that you as an ALJ KNOW that you are a public servant and that a million people are waiting to be heard. What I mean by this is that YOU decide how many cases they are to schedule for you. When you are starting this process, they may already have cases waiting for you ... but right away, you need to decide how many you can do during your training... they have a range of cases set out as a preliminary matter. A range... so if you are sinking, pick the low range... if you are swimming.... pick the high range. With this said, no one is going to come to you and say how many... YOU have to tell THEM how many. And you need to figure that number out really fast. Talk to your colleagues. That number you pick has consequences both regarding your ability to telework and your reputation.
2. IF you find yourself putting cases in ALPO after the hearing you need to question your methods. Case will go into ALPO after a hearing when POST hearing evidence comes in, so you can review it and then decide the case. This is quite different from you putting the case in ALPO for no reason other than to mull it over for a while. Here is the thing.... the cases are still coming and that time to "mull it over" never really happens and before you know it, you are in deep ALPO.
3. If you find yourself having difficulty of ANY kind, it is up to YOU to go GET HELP. I cannot stress this enough. Too often the new ALJs think someone is looking out for them and think that at some point someone will tell them they are not doing something right. Well guess what? YOU are the top of the food chain and no one is going to tell you that you are screwing up until you are in deep trouble. THIS is something I think we need to change. I think we need to have mentors or someone to help the new ALJs see that they are sinking before they hit the way-past-benchmark times and get into trouble. Too often we are fearful of treading on the APA and telling an ALJ they need to do something different.... this is something that we need to give a little more consideration to and change it up a bit. WE need to tell the new ALJs a little more along the way. Just sayin...
4. Now, if you are NOT a new ALJ, and your ALPO is a deep swim .... hmmm. Something is wrong in the processing. Something is not working. And YOU need to step back and take measures to correct it before the agency decides THEY need to take measures. Don't get yourself into this scenario.
5. This is a pubic service job. It is hard. The claimants are coming to you in the thousands with no end in sight. You cannot be writing supreme court briefs, but you need to be legally sufficient. You have to BALANCE quality and quantity. Balance... is key.
I have been at this now one year. Prior to being an ALJ, I wrote over 3000 drafts for ALJs, I was in a HOD detail, was a rep in a busy firm, as well as an RN. It is probably easier for me than most to hit the numbers. But it is not as easy to hit the quantity they want for someone with no ODAR experience so the mountain is steep. It is not impossible because many do it. Just know it is very tight on the time... very tight. There is no time to dilly dally that is for sure! Make a decision, and go forward.
So all you newbies, bask in the glory of the new job and then get ready ... the avalanche is coming. An avalanche of people ... people who have issues and needs and expectations from their government... you. Good luck!
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Post by lawbird on Jun 18, 2016 20:23:58 GMT -5
Yes, the SCT will also put a case there when new evidence has come in post hearing and before the decision is written. Not a problem for me as I have already written my instructions. I just look at my instructions and the new evidence. If no change, I note it to the writer and move to another case. If the new evidence does cause a change to a favorable decision, it is a simple matter to change to favorable instructions. Newbies: ALPO is the category in which some judges will place a case if he hasn't made a decision. Basically another term for Under Advisement. These cases move too quickly (if you are doing your job) to take anything under advisement. Make a decision and move on. I don't leave the hearing room after hearings until all decisions have been made and all instructions reduced to writing. I have found that I get far fewer interruptions in the hearing room, even after hearings have finished, than I do in my office. I was just kidding, you guys. I didn't intend to touch off a completely serious discussion of ALPO. |
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Post by JudgeRatty on Jun 18, 2016 20:36:19 GMT -5
Yes, the SCT will also put a case there when new evidence has come in post hearing and before the decision is written. Not a problem for me as I have already written my instructions. I just look at my instructions and the new evidence. If no change, I note it to the writer and move to another case. If the new evidence does cause a change to a favorable decision, it is a simple matter to change to favorable instructions. Newbies: ALPO is the category in which some judges will place a case if he hasn't made a decision. Basically another term for Under Advisement. These cases move too quickly (if you are doing your job) to take anything under advisement. Make a decision and move on. I don't leave the hearing room after hearings until all decisions have been made and all instructions reduced to writing. I have found that I get far fewer interruptions in the hearing room, even after hearings have finished, than I do in my office. I was just kidding, you guys. I didn't intend to touch off a completely serious discussion of ALPO. As far as my response above, I was meaning to comment on this after our one year training this past week and it was just convenient to comment on it with this thread. No worries lawbird.  |
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Post by lawbird on Jun 18, 2016 23:30:41 GMT -5
I just want to make sure you all still have your senses of humor.
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Post by lawbird on Jun 18, 2016 23:32:37 GMT -5
And somewhere in here I've transformed into a Senior Member! I guess I'll take this to Denny's and see if they'll give me a 15% discount.
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Post by Pixie on Jun 19, 2016 6:39:26 GMT -5
I just want to make sure you all still have your senses of humor. Yes, we still have our sense of humor, but we are very opinionated on certain subjects, making decisions and moving cases are right at the top of the pile. JudgeRatty gives good advice above, and you need to know that the agency will give you guidance on the number of cases that should be set for the first 9 months for outsiders and 6 months for insiders. I believe these are the current models. While outsiders will have learned a lot after 9 months, there is still a lot to be learned about efficiency in reviewing, hearing, deciding and editing your cases. After about two years, the judges' focus should be on avoiding remands. Your HOCALJ may give you a list of the top ten reasons for A/C remands. These are topics the A/C is currently focusing on. Study this and learn to avoid the traps. Tomorrow it may be something else. Stay on top of it and have a less stressful life. But I am getting far ahead of you guys. Right now concentrate on getting things in order at home and work and getting to your new duty stations. For some of you it will be a move across country. For others, a move across town. Pixie. |
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Post by christina on Jun 19, 2016 6:44:24 GMT -5
I just want to make sure you all still have your senses of humor. Yes, we still have our sense of humor, but we are very opinionated on certain subjects, making decisions and moving cases are right at the top of the pile. JudgeRatty gives good advice above, and you need to know that the agency will give you guidance on the number of cases that should be set for the first 9 months for outsiders and 6 months for insiders. I believe these are the current models. While outsiders will have learned a lot after 9 months, there is still a lot to be learned about efficiency in reviewing, hearing, deciding and editing your cases. After about two years, the judges' focus should be on avoiding remands. Your HOCALJ may give you a list of the top ten reasons for A/C remands. These are topics the A/C is currently focusing on. Study this and learn to avoid the traps. Tomorrow it may be something else. Stay on top of it and have a less stressful life. But I am getting far ahead of you guys. Right now concentrate on getting things in order at home and work and getting to your new duty stations. For some of you it will be a move across country. For others, a move across town. Pixie. yep to everything esp the ODAR related part and remand trend de jour changes |
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Post by hopefalj on Jun 19, 2016 8:19:02 GMT -5
I just want to make sure you all still have your senses of humor. Yes, we still have our sense of humor, but we are very opinionated on certain subjects, making decisions and moving cases are right at the top of the pile. JudgeRatty gives good advice above, and you need to know that the agency will give you guidance on the number of cases that should be set for the first 9 months for outsiders and 6 months for insiders. I believe these are the current models. While outsiders will have learned a lot after 9 months, there is still a lot to be learned about efficiency in reviewing, hearing, deciding and editing your cases. After about two years, the judges' focus should be on avoiding remands. Your HOCALJ may give you a list of the top ten reasons for A/C remands. These are topics the A/C is currently focusing on. Study this and learn to avoid the traps. Tomorrow it may be something else. Stay on top of it and have a less stressful life. But I am getting far ahead of you guys. Right now concentrate on getting things in order at home and work and getting to your new duty stations. For some of you it will be a move across country. For others, a move across town. Pixie. Insiders and outsiders se on the same nine-month track. The only thing we could do faster was hold hearings a week after we returned from training rather than having to wait two weeks after training. I've been doing this for nearly a year and a half, and I'm still tweaking things to help with efficiency, some of which I've learned from the more experienced judges on this board. Some I've learned on my own by testing things during the 9 months of learning curve you'll get. I'm also another judge that believes ALPO is not a status to be used outside of reviewing new evidence after the hearing, but I do know "ALPO judges" that use it as a regular part of their routine and manage their case load sufficiently. |
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Post by Deleted on Jun 19, 2016 8:29:37 GMT -5
Judgeratty and Pixie have clearly outlined a basic, very basic, "must" for all new hires (as well as current) ALJs. In summary: "time management". If you do not understand time management, have never had to deal with time management, then learn quickly. I would even venture to say that for new hires' training, the subject of time management is the singular most important topic you MUST have training on as a new ALJ, yet, you will not receive one iota of same during all your training. As judgeratty points out, you are in charge of your docket, your cases, your dispositions. The United States will be paying you very well, and spending inordinate amounts of money on you in providing you everything you need to reduce the 1 million case backlog, and the United States expects you to produce results accordingly, quite rapidly, and without any handholding.
That said, ALPO is then the nuclear clock face of time management as an ALJ. ALPO is what the hidden powers that be, continuously watch over on ALJs and will send out the little advisory, then the warning, emails to ALJs whose ALPO is piling up. Stay away from and out of ALPO lest it go nuclear on you.
I would highly recommend that from day one in your position ( as Pixie, Judgeratty, myself and many many other ALJs do) hear the case and immediately thereafter (I do it as the hearing ends and before the next one starts) write your HLDS and dispose of the case. You get into that time management habit from day one and you will have little to no problem thereafter.
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Post by rusty on Jun 19, 2016 8:30:02 GMT -5
I didn't think too many people would get the office space reference. One of my all-time favorite movies. I will be happy anywhere as long as they don't take away my red stapler. I'm not even kidding when I say that I had to get a replacement stapler at my office and they gave me a red swingline. I will be paying the price to take that one with me. I don't want to end up in a catfight like on Two Weeks Notice. As a young attorney, an older Probation Officer, who was a retired Air Force Lt. Col., and I were discussing office stuff. He told me an old office story and ended up giving me one of his "Neva-Clog" staplers. It is a plier shaped stapler and I think long out of production, but apparently the govt used to buy them. I finally found replacement staples for it, so I bought a few boxes. THAT is a stapler. I doubt I will have much use for it in this paperless age, but it is one thing that is for sure going with me, along with my Parker Duofold. |
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Post by whoa nelly on Jun 19, 2016 8:37:53 GMT -5
Having spent all day yesterday and night packing up the office suite I opened, ran and built into a place I love coming to, you, Rusty, raise the question that kept slamming into me during that process: What on earth do I bring with me to my new job? Or maybe the right question is what do I leave behind?
What do you all think?
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Post by Deleted on Jun 19, 2016 8:52:51 GMT -5
Having spent all day yesterday and night packing up the office suite I opened, ran and built into a place I love coming to, you, Rusty, raise the question that kept slamming into me during that process: What on earth do I bring with me to my new job? Or maybe the right question is what do I leave behind? What do you all think? As one who was shipped 1800+ miles across the country from home, family and friends, I brought my laptop clothes cellphone and charger. Anything else I needed I bought at my new locale. As far as what to bring to your new office: Your ID Everything else you need for your position/office will be provided to you. I will note that I am an office minimalist. Every office, private or government, seems to have two types of personnel. Those who make their offices their secondary homes (all sorts of furnishings, wall hangings, plants, doo-dads, etc) and those like myself (coffee cup and maybe a photo and some random grandkid's drawings). I was mentored decades ago with the philosophy that given just 15 minutes notice one should be able to take anything and everything one needs wherever you may be located. Understandably, this does tend to drive my better half up the wall. Especially in view of the fact tin the past 16 years alone we have bought/sold/moved 7 (or 8?) homes (three of which were within 1/2 miles of each other) and she keeps....everything. |
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Post by whoa nelly on Jun 19, 2016 9:15:58 GMT -5
Having spent all day yesterday and night packing up the office suite I opened, ran and built into a place I love coming to, you, Rusty, raise the question that kept slamming into me during that process: What on earth do I bring with me to my new job? Or maybe the right question is what do I leave behind? What do you all think? >>As far as what to bring to your new office: Your ID Everything else you need for your position/office will be provided to you.<< Oh my. Guess I will be having an office supply/equipment/furniture/wall art fire sale! Actually, it was the smaller personal items I was hesitating over. The framed diplomas, bookends, family pics (will take the advice of another poster not to bring those, even though that is a bit heartbreaking), favorite mug, materials from seminar presentations I've given, and my business laptop, among other things. I boxed it all up but am keeping it handy in case I want to transition it over to the new office later. |
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Post by funkyodar on Jun 19, 2016 9:24:08 GMT -5
Every single case I do goes to ALPO. And I quite like my methods.
I prep the case in eBB, hold the hearing, do my hearing notes which include a first impression of all 5 sequential steps and have it sent to ALPO. On Wednesdays I come in and the first thing I do is pull up the cases in ALPO for the Tuesday hearings and most of the time simply transfer my initial post hearing findings into the ebb sequential one and send it on to writing. Sometimes my initial hearing findings are changed somewhat based on a note I made to check something out further, or more thought about the case. Sometimes I look and think, wow, I really could use some more info on X and maybe I should send this out for a post hearing CE before making a decision.
Occasionally my alpo gets a little large if I take time off but never beyond containment.
I understand the general consensus among judges that alpo can be a tar pit. But don't go generalizing that anybody that uses alpo in their process is doing it wrong.
I've been doing it this way since day one. I have 400 cases disposed of as of now and still have 3 months in the fiscal. I have a top 20% scheduled, held and timeliness rating and my agree rate is well above goal.
In short, I use alpo on every single case and am not just hitting every expected metric but apparently doing better than 80% of my fellow judges on those admittedly stupid measurements.
Find a method that works for you and do it. Refine that method till it's what you need it to be. Just don't assume your method is the only or even best way for others.
Funky
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