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Post by Thomas fka Lance on Mar 2, 2021 19:40:08 GMT -5
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Post by jagvet on Mar 2, 2021 20:06:25 GMT -5
This could be a game-changer. |
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Post by nylawyer on Mar 2, 2021 22:45:39 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim.
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cle
New Member
Posts: 13
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Post by cle on Mar 2, 2021 23:22:59 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim. Yeah, I would guess the AC stands in for the Commissioner to be able to overrule ALJs. Although that raises the interesting question of whether Andrew Saul could step in on an individual disability case and overrule the ALJ or AC. My guess would be no. I suspect Carr and Davis (argument tomorrow morning) will be much more of a potential problem- could be seeing lots of automatic remands for goofy Lucia appointment clause reasons. (Thanks again, SG, for throwing SSA under the bus on that one). |
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Post by generalsherman on Mar 2, 2021 23:50:32 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim. Yeah, I would guess the AC stands in for the Commissioner to be able to overrule ALJs. Although that raises the interesting question of whether Andrew Saul could step in on an individual disability case and overrule the ALJ or AC. My guess would be no. I suspect Carr and Davis (argument tomorrow morning) will be much more of a potential problem- could be seeing lots of automatic remands for goofy Lucia appointment clause reasons. (Thanks again, SG, for throwing SSA under the bus on that one). That’s one way to get the workload back up again😂😂😂😭 |
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Post by ba on Mar 3, 2021 5:29:42 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim. Yeah, I would guess the AC stands in for the Commissioner to be able to overrule ALJs. Although that raises the interesting question of whether Andrew Saul could step in on an individual disability case and overrule the ALJ or AC. My guess would be no. I suspect Carr and Davis (argument tomorrow morning) will be much more of a potential problem- could be seeing lots of automatic remands for goofy Lucia appointment clause reasons. (Thanks again, SG, for throwing SSA under the bus on that one). The point is that the Commissioner has full control, including firing for any reason, over the AAJs (lawyers) that he has designated to review ALJ decisions. That is the APA model and why APJs are in trouble (and going to be principal officers). And I’m not sure about Carr and Baker. The issue is administrative exhaustion and the AC is remanding plenty of Lucia cases. I’m hard pressed to understand why raising the issue before the agency is futile when the agency continued to provide relief to those that do. |
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Post by nylawyer on Mar 3, 2021 10:22:49 GMT -5
I've heard somewhere that an opinion on the ability to work is reserved to the Commissioner.
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Post by ba on Mar 3, 2021 13:36:40 GMT -5
Yeah, I would guess the AC stands in for the Commissioner to be able to overrule ALJs. Although that raises the interesting question of whether Andrew Saul could step in on an individual disability case and overrule the ALJ or AC. My guess would be no. I suspect Carr and Davis (argument tomorrow morning) will be much more of a potential problem- could be seeing lots of automatic remands for goofy Lucia appointment clause reasons. (Thanks again, SG, for throwing SSA under the bus on that one). The point is that the Commissioner has full control, including firing for any reason, over the AAJs (lawyers) that he has designated to review ALJ decisions. That is the APA model and why APJs are in trouble (and going to be principal officers). And I’m not sure about Carr and Baker. The issue is administrative exhaustion and the AC is remanding plenty of Lucia cases. I’m hard pressed to understand why raising the issue before the agency is futile when the agency continued to provide relief to those that do. On my second point, considering the government didn’t actually bother to argue that the raising of Lucia before the AC shows that raising it to the agency isn’t futile, that changes my opinion. SSA will lose this case 7-2 or worse. |
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Post by neufenland on Mar 4, 2021 12:38:15 GMT -5
This is bad...
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Post by marathon on Mar 4, 2021 14:56:40 GMT -5
The point is that the Commissioner has full control, including firing for any reason, over the AAJs (lawyers) that he has designated to review ALJ decisions. That is the APA model and why APJs are in trouble (and going to be principal officers). And I’m not sure about Carr and Baker. The issue is administrative exhaustion and the AC is remanding plenty of Lucia cases. I’m hard pressed to understand why raising the issue before the agency is futile when the agency continued to provide relief to those that do. On my second point, considering the government didn’t actually bother to argue that the raising of Lucia before the AC shows that raising it to the agency isn’t futile, that changes my opinion. SSA will lose this case 7-2 or worse. |
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Post by cookie on Mar 5, 2021 13:11:06 GMT -5
Cases only take 30 minutes? Each ALJ can hear a few hundred more? I certainly hope those remarks were strenuously disputed. An average hearing may take 45-60 minutes but that in no way considers preparation by the ALJ or other members of the office before a case gets to hearing. Not to mention post hearing development and writing. Wow.
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Post by ba on Mar 5, 2021 13:34:48 GMT -5
Cases only take 30 minutes? Each ALJ can hear a few hundred more? I certainly hope those remarks were strenuously disputed. An average hearing may take 45-60 minutes but that in no way considers preparation by the ALJ or other members of the office before a case gets to hearing. Not to mention post hearing development and writing. Wow. Shockingly, no one there seems to have a genuine understanding of what we do on a daily basis. The “a hearing is like having a conversation in your living room” was the one that got me. No, it most certainly is not. |
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Post by fowlfinder on Mar 5, 2021 14:18:28 GMT -5
Cases only take 30 minutes? Each ALJ can hear a few hundred more? I certainly hope those remarks were strenuously disputed. An average hearing may take 45-60 minutes but that in no way considers preparation by the ALJ or other members of the office before a case gets to hearing. Not to mention post hearing development and writing. Wow. Shockingly, no one there seems to have a genuine understanding of what we do on a daily basis. The “a hearing is like having a conversation in your living room” was the one that got me. No, it most certainly is not. Death penalty litigation in a traffic court setting. A client told me that once and I think it fits. That is no conversation I have had in my living room. |
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Post by christina on Mar 5, 2021 14:44:53 GMT -5
Cases only take 30 minutes? Each ALJ can hear a few hundred more? I certainly hope those remarks were strenuously disputed. An average hearing may take 45-60 minutes but that in no way considers preparation by the ALJ or other members of the office before a case gets to hearing. Not to mention post hearing development and writing. Wow. 😳😒 |
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Post by redsox1 on Mar 5, 2021 15:38:04 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim. The other distinction between SSA ALJ’s and APJ’s that I saw is that, I believe, we operate on authority delegated by the COSS which can be withdrawn. Not a statute. |
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Post by caroline on Mar 5, 2021 18:04:17 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim. The other distinction between SSA ALJ’s and APJ’s that I saw is that, I believe, we operate on authority delegated by the COSS which can be withdrawn. Not a statute. |
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Post by caroline on Mar 5, 2021 18:09:04 GMT -5
We operate under the authority of the administrative procedure act. It’s the way we were hired and the way we are transferred and that’s through opm and the coss has limited input in that respect. The Agency has followed the statutory requirements for many years and has also represented countless times that the hearings are conducted pursuant to and in accordance with the APA.
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Post by redsox1 on Mar 5, 2021 18:43:10 GMT -5
The COSS has the authority to hold hearings on denial of benefits under the Soc Sec Act. see HALLEX I-2–0-2
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sta
Full Member
Posts: 82
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Post by sta on Mar 5, 2021 19:28:42 GMT -5
Doesn't seem to be exactly on point with regards to SSA (based solely on what I read in the linked article). Roberts made a point of the fact that the agency cannot overrule what the judge decides; I've got a significant portion of my docket that demonstrates that not only can SSA overrule an ALJ's finding, they can do so on a mere whim. My experience several years back was SSA overruled my findings as ALJ when I denied a claim, but never when I upheld a claim. So my supposition is that SSA looked at overrulings or remands as giving claimants another bite of the apple. |
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Post by ba on Mar 5, 2021 22:43:56 GMT -5
The COSS has the authority to hold hearings on denial of benefits under the Soc Sec Act. see HALLEX I-2–0-2 That’s the same as the APA. Adjudications are by the agency head or heads or an ALJ. |
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