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Post by hopefalj on Aug 11, 2020 23:46:30 GMT -5
How about simply requiring that reps actually review the file and inform the Agency of any duplicate files? Like - actually require that they meaningfully and responsibly participate in the efficient administration of the program? Naw - that's CRAZY talk! Reps are also in a pickle. They may order MER for a certain period and rec dept sends them everything. Plus, new rep rules don’t help. No one really has time to go thru it all. This is why I prefer hitmer when possible. Order everything in one exhibit, maybe a few if big file, and ignore the dup exhibits. I might tend to believe that if they didn't submit their records requests with overlapping dates or submit 5-day letters that include records from dates already in the file. It might not be a big deal except to the client they're passing those costs on to. DDS is equally guilty of requesting duplicative records. HITMER records from DDS regularly have more than 1000 pages of dupes because they can't be bothered to look at the date of the last request before supplementing the records at recon. And I agree that HITMER is great. I use it all the time, and reps seem to appreciate it as well since they don't have to front hundreds of dollars for records they may wait 45 days to receive that I can obtain in 10-15 minutes. |
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Post by nappyloxs on Aug 12, 2020 16:31:38 GMT -5
AAJ hiring will be on the horizon. socsecnews.blogspot.com/2020/08/regs-on-aaj-hearings-advance.html?m=1Regs On AAJ Hearings Advance Yesterday, the Social Security Administration sent over to the Office of Management and Budget (OMB) proposed final regulations on Hearings Held by Administrative Appeals Judges of the Appeals Council. If approved by OMB, these will be published in the Federal Register and go into effect. Under the Congressional Review Act, the incoming Congress could overturn these regulations by a simple majority vote in each House of Congress. In the alternative, should Joe Biden become President, his Administration could refuse to implement the regulations and go through the longer process to undo them administratively. |
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Post by cookie on Aug 12, 2020 17:33:48 GMT -5
AAJ hiring will be on the horizon. socsecnews.blogspot.com/2020/08/regs-on-aaj-hearings-advance.html?m=1Regs On AAJ Hearings Advance Yesterday, the Social Security Administration sent over to the Office of Management and Budget (OMB) proposed final regulations on Hearings Held by Administrative Appeals Judges of the Appeals Council. If approved by OMB, these will be published in the Federal Register and go into effect. Under the Congressional Review Act, the incoming Congress could overturn these regulations by a simple majority vote in each House of Congress. In the alternative, should Joe Biden become President, his Administration could refuse to implement the regulations and go through the longer process to undo them administratively. This is concerning because so many offices are in serious need of work. There isn’t enough to keep us all busy as it is—what is the reported justification for this? |
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Post by Loopstok on Aug 12, 2020 19:10:08 GMT -5
AAJ hiring will be on the horizon. socsecnews.blogspot.com/2020/08/regs-on-aaj-hearings-advance.html?m=1Regs On AAJ Hearings Advance Yesterday, the Social Security Administration sent over to the Office of Management and Budget (OMB) proposed final regulations on Hearings Held by Administrative Appeals Judges of the Appeals Council. If approved by OMB, these will be published in the Federal Register and go into effect. Under the Congressional Review Act, the incoming Congress could overturn these regulations by a simple majority vote in each House of Congress. In the alternative, should Joe Biden become President, his Administration could refuse to implement the regulations and go through the longer process to undo them administratively. So this is how OHA/ODAR/OHO went from best government component to work for, to 375th best government component (out of 420) to work for. I've never seen an employer more at war with its employees than the post-Glenn Sklar iteration of OHA/ODAR/OHO. And I used to work in retail, and I used to deliver pizzas, and my parents were/are schoolteachers. There's really nobody in all of SSA who realizes that non-judicial hearings are unworkable? |
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Post by nappyloxs on Aug 12, 2020 21:22:24 GMT -5
AAJ hiring will be on the horizon. socsecnews.blogspot.com/2020/08/regs-on-aaj-hearings-advance.html?m=1Regs On AAJ Hearings Advance Yesterday, the Social Security Administration sent over to the Office of Management and Budget (OMB) proposed final regulations on Hearings Held by Administrative Appeals Judges of the Appeals Council. If approved by OMB, these will be published in the Federal Register and go into effect. Under the Congressional Review Act, the incoming Congress could overturn these regulations by a simple majority vote in each House of Congress. In the alternative, should Joe Biden become President, his Administration could refuse to implement the regulations and go through the longer process to undo them administratively. This is concerning because so many offices are in serious need of work. There isn’t enough to keep us all busy as it is—what is the reported justification for this? Think long term. AC has a backlog at the moment. Hire a bunch of AAJs now just like ODAR//OHO did from 2010-2017. AC backlog goes down, switch AAJs to hearings. This is merely a phase out of ALJs. It will take years, but it is the start. IMHO. Depending on November, I can see this easily overturned in a number of ways. |
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Post by elninost0rm on Aug 13, 2020 19:51:58 GMT -5
I'm only a GS-9 peon in my OHO, but this has me legitimately frightened for my job for the first time ever in my 9 years so far. Admittedly, I haven't gotten too knee-deep in the details of this over the last several months, but is it feasible that ALJs will be laid off and consolidated to AALJs, rendering all of us at the local OHOs useless without ALJs to assist?
Maybe I'm being alarmist, but nothing seems impossible anymore.
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Post by anciano on Aug 13, 2020 20:31:43 GMT -5
One should remember that the ALJ is a creature of the APA, which itself is modeled after the Social Security Act. The basic system has endured for many decades and been endorsed by the SCOTUS no matter the political composition. The notion that Agencies will become free to unilaterally determine cases without any independent fact finding, runs in the face of the APA and the Supreme Court that drove the original legislation. Although the pendulum of control appears to be swinging toward more agency control, history teaches that this too shall pass. I would not be quick to push the panic button just yet. Just like Daniel Webster said about the weather "wait a moment and it will change". So too we have some iterations of the original concept happening, but the notion of a fair hearing and due process for all citizens still augers well for the long term. Patience my friend.
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Post by Pixie on Aug 13, 2020 21:27:52 GMT -5
I'm only a GS-9 peon in my OHO, but this has me legitimately frightened for my job for the first time ever in my 9 years so far. Admittedly, I haven't gotten too knee-deep in the details of this over the last several months, but is it feasible that ALJs will be laid off and consolidated to AALJs, rendering all of us at the local OHOs useless without ALJs to assist? Maybe I'm being alarmist, but nothing seems impossible anymore. You're being an alarmist. Remember Board Members, paragraph are a reader's best friend. We've come a long way; let's not back slide. Pixie |
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Post by nappyloxs on Aug 13, 2020 21:36:10 GMT -5
One should remember that the ALJ is a creature of the APA, which itself is modeled after the Social Security Act. The basic system has endured for many decades and been endorsed by the SCOTUS no matter the political composition. The notion that Agencies will become free to unilaterally determine cases without any independent fact finding, runs in the face of the APA and the Supreme Court that drove the original legislation. Although the pendulum of control appears to be swinging toward more agency control, history teaches that this too shall pass. I would not be quick to push the panic button just yet. Just like Daniel Webster said about the weather "wait a moment and it will change". So too we have some iterations of the original concept happening, but the notion of a fair hearing and due process for all citizens still augers well for the long term. Patience my friend. I appreciate the optimism. Policies change with the wind. Unfortunately, with the Operations mentality and emphasis on numbers, it won’t be the Agency changes the regulation. |
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Post by hopefalj on Aug 13, 2020 21:54:40 GMT -5
I will be pleasantly (hopefully) surprised if I have this job in 10 years. Not sure what I'll do instead. Maybe just wander the Earth like Caine in Kung Fu.
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Post by elninost0rm on Aug 14, 2020 6:47:24 GMT -5
I'm only a GS-9 peon in my OHO, but this has me legitimately frightened for my job for the first time ever in my 9 years so far. Admittedly, I haven't gotten too knee-deep in the details of this over the last several months, but is it feasible that ALJs will be laid off and consolidated to AALJs, rendering all of us at the local OHOs useless without ALJs to assist? Maybe I'm being alarmist, but nothing seems impossible anymore. You're being an alarmist. Remember Board Members, paragraph are a reader's best friend. We've come a long way; let's not back slide. Pixie Fair enough. I'll do my best to maintain optimism. |
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Post by Pixie on Aug 14, 2020 8:12:14 GMT -5
I will be pleasantly (hopefully) surprised if I have this job in 10 years. Not sure what I'll do instead. Maybe just wander the Earth like Caine in Kung Fu. In 10 years you will be right where you are now. I guarantee it. 15 years? No guarantee there. Pixie |
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Post by bowser on Aug 14, 2020 8:49:39 GMT -5
IME, within the federal government change is nearly always glacial - but on occasion can be abrupt. I remember hearing for years that SSA would NEVER be made independent of HHS - including from the mouth of Sec'y Sullivan - less than a year before it abruptly happened.
I consider my job quite secure, but I am aware that it is the product of legislation, and even significant, longstanding legislation can be changed. I do not think anyone should be overly fearful of tumultuous, immediate change eliminating their position, but depending on where you are in your career, you should certainly keep an eye towards alternatives should the worst-case scenario occur.
Also, take comfort in the fact that the GENERAL practice has been for changes to be implemented through attrition - but again, there have been exceptions.
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Post by remora on Aug 14, 2020 12:27:47 GMT -5
So, for those of us mid-career, GS 12 or 13's who now look to be out of the ALJ/AAJ running, and have no general attorney skills since we've been doing disability for 7-10 years, what do we do?
Many of us are too far down the road to change paths, but still 10-15 years or more to retirement. Do we jump ship? Go back to school and retrain for yet another career? There seems to be no good answer. But any advice is appreciated!
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Post by jimmyjiggles on Aug 14, 2020 13:06:34 GMT -5
This thread sure has taken a 180 from "Maybe ALJs will be hired soon" to "We are all going to lose our jobs in the next 10 years"
I am not one for optimism, but AI will not replace ALJs. AI can already do a better job of making "correct" decisions than ALJs. The most meaningful part of the ALJ job is not deciding cases, it is hearing cases. And ensuring that claimants feel that they are being heard. A computer will never do that. A computer cannot look someone in the eye and say "I hear you and understand your argument," and make the actual emotional/psychological connection that only humans (and maybe really cute animals?) can make. That is why ALJs exist, to have a neutral human actually interact with you so that you are ensured that it is not just a faceless beaurocracy making decisions, but an actual person who you know has heard you and understands your position.
Theoretically AI could replace more of the writing, but if that happens it would be very gradual. And if you are a writer who is not perpetually looking for other jobs, well you are doing it wrong! Chances of getting past a 13 (or even getting a 13) have always been slim to none. However if you are cool with riding a 12 into retirement, I really would not worry about it.
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Post by Pixie on Aug 14, 2020 16:13:09 GMT -5
So, for those of us mid-career, GS 12 or 13's who now look to be out of the ALJ/AAJ running, and have no general attorney skills since we've been doing disability for 7-10 years, what do we do? Many of us are too far down the road to change paths, but still 10-15 years or more to retirement. Do we jump ship? Go back to school and retrain for yet another career? There seems to be no good answer. But any advice is appreciated! Did you read my post above? If not you should have. I will repeat what I said: "In 10 years you will be right where you are now. I guarantee it. 15 years? No guarantee there." So, if you are 10 years out to retirement, you will make it with no problem. 15 years out, probably will make it, but I can't guarantee it. I hope you have been watching the various shark programs the past week or so. They have shown a bunch of your relatives, happily swimming around and attached to their hosts. Pixie |
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Post by remora on Aug 14, 2020 16:43:19 GMT -5
So, for those of us mid-career, GS 12 or 13's who now look to be out of the ALJ/AAJ running, and have no general attorney skills since we've been doing disability for 7-10 years, what do we do? Many of us are too far down the road to change paths, but still 10-15 years or more to retirement. Do we jump ship? Go back to school and retrain for yet another career? There seems to be no good answer. But any advice is appreciated! Did you read my post above? If not you should have. I will repeat what I said: "In 10 years you will be right where you are now. I guarantee it. 15 years? No guarantee there." So, if you are 10 years out to retirement, you will make it with no problem. 15 years out, probably will make it, but I can't guarantee it. I hope you have been watching the various shark programs the past week or so. They have shown a bunch of your relatives, happily swimming around and attached to their hosts. Pixie Yes, Pixie, of course I read your reply. But I dont understand, I guess. What is your thinking on the 15-year timeline? AI replacing people? The SSA and disability process substantially changing? I guess, like other prey, I like to know what to prepare to face if not engaging in a symbiotic relationship with a predator. |
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Post by Thomas fka Lance on Aug 14, 2020 17:14:53 GMT -5
Does anybody remember the "upgrade" to the computer system that was supposed to occur in operations around 2014?
As I understand it, operations is still using the prior system, without any updates.
If anyone is truly concerned about being replaced by AI, they may wish to research that prior matter.
Given what was involved then, I think we may be safe for a while.
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Post by Pixie on Aug 15, 2020 7:01:29 GMT -5
Did you read my post above? If not you should have. I will repeat what I said: "In 10 years you will be right where you are now. I guarantee it. 15 years? No guarantee there." So, if you are 10 years out to retirement, you will make it with no problem. 15 years out, probably will make it, but I can't guarantee it. I hope you have been watching the various shark programs the past week or so. They have shown a bunch of your relatives, happily swimming around and attached to their hosts. Pixie Yes, Pixie, of course I read your reply. But I dont understand, I guess. What is your thinking on the 15-year timeline? AI replacing people? The SSA and disability process substantially changing? I guess, like other prey, I like to know what to prepare to face if not engaging in a symbiotic relationship with a predator. At 15 years there is no guarantee because I can't see that far into the future. It isn't that I am anticipating there will be cataclysmic change by then; I just don't know. But at 10 years you are safe. Pixie |
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Post by nappyloxs on Aug 15, 2020 14:36:13 GMT -5
So, for those of us mid-career, GS 12 or 13's who now look to be out of the ALJ/AAJ running, and have no general attorney skills since we've been doing disability for 7-10 years, what do we do? Many of us are too far down the road to change paths, but still 10-15 years or more to retirement. Do we jump ship? Go back to school and retrain for yet another career? There seems to be no good answer. But any advice is appreciated! I am in same boat and plan on jumping ship. 10-15 years is plenty of thread on our tires. We are smart and naturally motivated individuals. We wouldn’t have gone and made it through law school and passed the bar if not. As you mentioned, we still have at least 1/2 our career left. You have general attorney skills. You know how to write legally sufficient decisions; analyze evidence and apply the facts to the law; identify and solve issues; interact professionally with act with judges and staff. You have more skills than you realize. Last I remember, most areas of law do not demand writing SC briefs or extensive legal research. Several areas of law also utilize boiler plate language and just take experience until you collect a library of cases with similar issues. Several motions are easier to draft than an ALJ decision. Even if you wanted to be an ALJ/ALJ, those skills are very different than what you apply now. ALJs, have to review a file in under an hour, hold X number of hearings in a day, question claimants, handle reps, control the hearing, come up with hypos, including a few incorporating claimant’s testimony, and more. Again, all while just getting maybe an hour to review a case beforehand. Yet, you believe you can make that transition with no general attorney skills, but can’t make the transition to other areas? It is called the “practice” of law for a reason. We are always learning new knowledge and how to legally apply it. Even outside attorneys are learning new areas. I have several friends who take cases for one reason or another that they have little or no experience In the area. I know of attorneys who switch practices in mid-career and became very successful. My advice is take a look and see what is out there. Start networking, taking CLEs in areas you are interested, put out feelers with friends, try some pro bono cases with legal services, etc. There are opportunities out there. It may not be today or tomorrow, but take steps now to be prepared if an opportunity comes along. You are only 1/2 through your career. How long did it take you to learn disability 7-10 years? Of course not. Do not doubt yourself! |
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