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Post by statman on Jun 8, 2021 11:11:32 GMT -5
That should read I did not mean.
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Post by christina on Jun 8, 2021 11:32:02 GMT -5
I apologize. I did mean to imply any age to any person in particular. I was thinking about my first Hocal who was certainly over seventy and perhaps eighty when he was appointed. I am virtually certain that he would not have been hired under the new rules, and this is sad. No offense taken. I was just having some fun! |
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Post by arkstfan on Jun 8, 2021 21:24:34 GMT -5
Iāve been an ALJ forā¦more than a few years. I know there are excellent ALJs who have been hired from within the Agency. However, I had no background in disability at all when I was hired. I did courts-martial as a trial-level JAG for about 11.5 years, and then a couple of years as a trial-level military judge. That litigation experience was ārealā litigation experience. It definitely helped me to get hired by SSA, and I know it prepared me to run a hearing, assess evidence, ask relevant questions, engage with people, recognize bull****, and deal with obstreperous attorneys (I was one, once). I think the ALJ Corps has a more-independent mindset when ALJs come from outside the Agency, and are hired through a competitive process that values genuine courtroom experience. As that is my background, I acknowledge Iām biased. In any event, I am concerned about the ALJ hiring process moving forward. Iāll be retiring fairly soon, so thatās one vacancy theyāll need to fill, presumably. Good luck to you! Respectfully, Hamster I only had a couple years with the agency. Had more than a decade in state government doing around 75 bench trials a year and around 30 administrative hearings, worked in management in state government, had private practice experience including many bench trials several jury trials in state and Federal court, often sat in as special judge when the local district judge had a conflict, At ALJ training I said was an inside outsider because Iād only been with agency long enough to become a productive writer. I think there is significant value in being exposed to good judges and horseās hiney judges, in fact I think thatās more important to be in front of judges than to have the experience of preparing for trials. |
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Post by privateatty on Jun 9, 2021 18:46:09 GMT -5
I'm unclear if this applies to existing ALJs or just those appointed in the future. 5 CFR Ā§6.8 Specified exceptions. (d) Effective on July 10, 2018, the position of administrative law judge appointed under 5 U.S.C. 3105 shall be listed in Schedule E for all levels of basic pay under 5 U.S.C. 5372(b). Incumbents of this position who are, on July 10, 2018, in the competitive service shall remain in the competitive service as long as they remain in their current positions. [E.O. 11839, 40 FR 7351, Feb. 19, 1975, as amended by E.O. 11887, 40 FR 51411, Nov. 5, 1975; E.O. 12021, 42 FR 61237, Dec. 2, 1977; 47 FR 4227, Jan. 29, 1982; E.O. 13843, 83 FR 32755, July 13, 2018] www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=aebca61862e022b41d5c463067e2bdff&rgn=div5&view=text&node=5%3A1.0.1.1.6&idno=5%235%3A1.0.1.1.6.0.1.7I've said it before and I'll say it again. This Board has a long and now (sadly old) history of bashing OPM, vet preference and how the Register was populated. The Trump EO changed all that and I had assumed that the current administration would just reverse said EO. I am glad, very glad, I was hired before 7/10/18. To quote Joni Mitchell, "...you don't know what you got 'till its gone...". As to Hamster's post, the issue of outsider/insider was beaten to death at least twice on this Board. I hate to think that that discourse will soon be seen as quaint. The insidiousness of Agency influence on an ALJ varies greatly from one Agency to the next. But to quote Bob Dylan, "...you don't need to be a weather man to know which way the wind is blowin'". The issue of judicial independence will be front and center in all kinds of ways. |
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