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Post by ssaogc on Oct 26, 2020 17:11:20 GMT -5
So i read on the Hall Blog that OMB has approved the regulations from commissioner Terry Grubber fought for to have AAJs hold hearings. If the current administration stays in office there will be hiring of AAJs and they will be assigned to OHO offices and hearing centers. I believe we may have seen the last ALJ hired if we do not have a change of administration socsecnews.blogspot.com |
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Post by jimmy224 on Oct 26, 2020 17:21:31 GMT -5
So i read on the Hall Blog that OMB has approved the regulations from commissioner Terry Grubber fought for to have AAJs hold hearings. If the current administration stays in office there will be hiring of AAJs and they will be assigned to OHO offices and hearing centers. I believe we may have seen the last ALJ hired if we do not have a change of administration I tend to agree. Why would the agency hire aljs when they can hire aajs they have more control over? |
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Post by christina on Oct 26, 2020 17:37:08 GMT -5
So i read on the Hall Blog that OMB has approved the regulations from commissioner Terry Grubber fought for to have AAJs hold hearings. If the current administration stays in office there will be hiring of AAJs and they will be assigned to OHO offices and hearing centers. I believe we may have seen the last ALJ hired if we do not have a change of administration socsecnews.blogspot.com I thought the same |
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Post by Thomas fka Lance on Oct 26, 2020 18:23:32 GMT -5
On the upside, if this happens, once their boots are in the trenches we should see fewer remands.
Perhaps we would have the opportunity to review their decisions? Oh, but I'm dreaming.
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Post by nylawyer on Oct 26, 2020 19:15:43 GMT -5
On the upside, if this happens, once their boots are in the trenches we should see fewer remands. Perhaps we would have the opportunity to review their decisions? Oh, but I'm dreaming. Why should we see any remands at all? They can simply do the case themselves. |
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Post by Thomas fka Lance on Oct 26, 2020 19:37:29 GMT -5
Guess it depends on how many AAJs there are, for them to be able to do both hearings and appeals. Anyone know?
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Post by hopefalj on Oct 26, 2020 19:57:43 GMT -5
Guess it depends on how many AAJs there are, for them to be able to do both hearings and appeals. Anyone know? As well as they do their primary function, I would imagine them trying to do ours and theirs simultaneously would be like watching a train crash into a burning dumpster. |
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Post by nappyloxs on Oct 26, 2020 21:37:01 GMT -5
Between the EO and new reg permitting AAJs to hold hearings, due process has been destroyed for both employees and claimants.
Assuming ALJs can’t be converted for the moment. Need a hardship transfer? Must accept position change to AAJ. Promoted to HOCALJ, now HOAAJ. ALJs will be phased out. Imagine that morale. ALJs in same office as AAJs. One with rights, one without rights. One who went thru OPM grind, one who is someone’s favorite.
I don’t even know how this would work. Some cases decided by AAJs and others by ALJs. Appeals to AAJs. Whenever the reg becomes official, SAAs should request job audit and try to get reclassified as AAJs. LMAO.
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Post by jagvet on Oct 26, 2020 22:11:54 GMT -5
So i read on the Hall Blog that OMB has approved the regulations from commissioner Terry Grubber fought for to have AAJs hold hearings. If the current administration stays in office there will be hiring of AAJs and they will be assigned to OHO offices and hearing centers. I believe we may have seen the last ALJ hired if we do not have a change of administration I tend to agree. Why would the agency hire aljs when they can hire aajs they have more control over? Gruber was appointed in a past administration. In fact, Biden was in that administration. Let's leave the political cheap shots out of this discussion. Thank you. |
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Post by ssaogc on Oct 27, 2020 6:11:17 GMT -5
I tend to agree. Why would the agency hire aljs when they can hire aajs they have more control over? Gruber was appointed in a past administration. In fact, Biden was in that administration. Let's leave the political cheap shots out of this discussion. Thank you. So Prior administration is responsible for this? no cheap shots here. The reality is plain and simple and undeniable. |
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Post by anciano on Oct 27, 2020 9:30:18 GMT -5
A bit of clarification is necessary. Hearings at SSA are conducted under the Social Security Act, not the APA (which was modeled after the SSA). As such, the strictures that would apply to APA hearings are not necessarily applicable here. One must read and understand what is required under the SSA to understand how the Agency could properly utilize AAJs in place of ALJs. This is more complex in implementation than just the reschedule of ALJs to Section F and reassignment of cases to AAJs. The vehicle for implementation will be subject to judicial scrutiny and review. My advice: stay tuned, there is more to come.
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Post by caroline on Oct 27, 2020 10:52:16 GMT -5
That is not the case. The Agency has on many occasions conceded that their hearings are conducted pursuant to and in conformity with the APA. under the APA if the organic statute ( in this case the soc sec act) requires a hearing on the record, that triggers the APA. And that goes for statutes that existed prior to the APA. This will be litigated but under the test laid out by scotus the APA clearly applies to SSA HEARINGS.
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Post by mercury on Oct 27, 2020 13:11:40 GMT -5
I, for one, welcome our new administrative appeal overlords.
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Post by christina on Oct 27, 2020 14:52:37 GMT -5
I, for one, welcome our new administrative appeal overlords. I’m getting some dr who images with this now No offense against AC meant. seriously |
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Post by jagvet on Oct 27, 2020 16:26:17 GMT -5
Gruber was appointed in a past administration. In fact, Biden was in that administration. Let's leave the political cheap shots out of this discussion. Thank you. So Prior administration is responsible for this? no cheap shots here. The reality is plain and simple and undeniable. The idea that this administration, the last administration, or the next administration is conspiring to get rid of ALJs through Terry Gruber is amusing, but not happening. This is all SSA inside baseball, which neither Obama, Trump or Biden's people care about one whit. Remember when people predicted that post-Lucia, Trump would immediately fire every single ALJ and hire new ones based on political registration? Never happened.
Face it--no one cares enough to waste political capital on ALJs.
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Post by Thomas fka Lance on Oct 27, 2020 19:29:14 GMT -5
But I imagine some folks do care about due process for our claimants.
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Post by oddis on Oct 27, 2020 22:06:49 GMT -5
It's ridiculous how quickly this site now defaults to blaming everything on the current administration. Group think of simpletons.
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Post by redsox1 on Oct 28, 2020 5:07:41 GMT -5
It's ridiculous how quickly this site now defaults to blaming everything on the current administration. Group think of simpletons. Hmmm. Never thought of it that way. I guess you are right. It’s probably Hilary’s emails or The Deep State that issued this EO and the regs. |
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Post by christina on Oct 28, 2020 5:16:50 GMT -5
Yeah, I like considering everyone's legal analyses of this issue much, much, better. Ohh we’ve had trouble with several admins but this has been the worst from a fed employee standpoint. Oops quoted wrong prior post 🤦♀️ |
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Post by patiently on Oct 28, 2020 6:36:11 GMT -5
Since there aren't enough cases for the ALJs we currently have, the purpose of this move seems nefarious.
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