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Post by tripper on Apr 13, 2021 22:02:34 GMT -5
Fully stocked with hearings here as well. I'm not even getting my one or two unrepped cases per day and end up having seven hearings. Certainly wouldn't mind giving a few up to those who don't have much to do. I've had cases from all time zones sent to our office in the last 12 months, it's not like things couldn't be evened out rather quickly. Completely agree! It’s so easy to either move cases or people. The workload disparities are really quite unfair, on both ends.
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Post by Topperlaw on Apr 14, 2021 0:08:24 GMT -5
We're just doing the job we were meant to do. The agency had a backlog of, what, 2 million claimants? And so they hired a buttload of judges. Then they put massive pressure on those judges to do at least 500 decisions a year. Now we have 1250 "available" ALJs who've averaged 517 decisions a year for fiscal years 2018-20 (just taking into account yearly DISPOs divided by available ALJS that year). The backlog is completely obliterated. And now we have 350,000 pending cases with a capacity to do about 646,000 decisions a year (1250 * 517). BUT there's only enough cases for each judge to do about 300 cases (and much of the backlog is Unrepped no shows and phone hearing opt-outs that aren't getting rescheduled until we're back in person). So unless there is just a MASSIVE spike in cases coming almost IMMEDIATELY, there just isnt any mathematical way that judges can keep full caseloads for much longer.
For me right now, I'm looking at the next 14 weeks of only 6 hearings per week or less, and I've been told to expect the same for August.
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Post by statman on Apr 14, 2021 12:58:38 GMT -5
Good analysis The numbers of ALJs willl decrease due to attrition and lack of any hiring. This will lessen the problem but it make go away entirely.
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Post by recoveringalj on Apr 14, 2021 14:21:27 GMT -5
For some reason I thought there was some discussion about a backlog or bottleneck at the DDS level. Anyone have any insight?
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Post by benchslap on Apr 21, 2021 11:20:03 GMT -5
In Alabama, a considerable number of claims are languishing at initial for over a year. There doesn’t seem to be much - if any - pressure to clear them. For some reason I thought there was some discussion about a backlog or bottleneck at the DDS level. Anyone have any insight?
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Post by nylawyer on Apr 21, 2021 18:50:12 GMT -5
Doea anyone know if it is nationwide that HOCALJs are no longer hearing cases? Or region by region?
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Post by hamster on Apr 21, 2021 21:34:40 GMT -5
NYLawyer—I don’t know. I understand that’s the case in Region III at least. However, I feel for them. Imagine never being able to escape the brain-numbing monotony of management calls, productivity statistics, nagging, whining, Chief Judge memos, and the insufferable inhumanity of the Dementor-like Regional martinets. I think I would rather have my furry paws crushed one by one in a vice. At least at hearings, you get to hear medical terms mispronounced and meet new people.
Respectfully, Hamster
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Post by ssaogc on Apr 21, 2021 21:34:57 GMT -5
Doea anyone know if it is nationwide that HOCALJs are no longer hearing cases? Or region by region? Our HOCALJ is doing usual meetings and reviewing every Dismissal including withdrawals, deceased and administrative dismissals, asking for additional info based on some checklist they have. We really need more cases to keep everyone employed otherwise they start inventing the wheel again.
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Post by Legal Beagle on Apr 24, 2021 11:11:09 GMT -5
Does anyone know if it is nationwide that HOCALJs are no longer hearing cases? Or region by region? In R4, the HOCALJs have been asked to cut back to 24 (I think) per month, but now have to review every single dismissal from all of the ALJs, decide if they have met every rule in the Agency, then approve, deny, or refer the matter to the QR team. This takes quite a bit of time, needless to say. At some point, all of these claims where the claimant has disappeared, says they do not want to proceed but will not send the signed form back in, who just won't answer the phone, and / or will not sign the form saying they agree to a telephone hearing, will have to be scheduled for an in-person hearing. Would not be surprised if that were a new HOCALJ duty, since they are the only ones allowed in the office.
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Post by nylawyer on Apr 24, 2021 12:56:22 GMT -5
Does anyone know if it is nationwide that HOCALJs are no longer hearing cases? Or region by region? In R4, the HOCALJs have been asked to cut back to 24 (I think) per month, but now have to review every single dismissal from all of the ALJs, decide if they have met every rule in the Agency, then approve, deny, or refer the matter to the QR team. This takes quite a bit of time, needless to say. At some point, all of these claims where the claimant has disappeared, says they do not want to proceed but will not send the signed form back in, who just won't answer the phone, and / or will not sign the form saying they agree to a telephone hearing, will have to be scheduled for an in-person hearing. Would not be surprised if that were a new HOCALJ duty, since they are the only ones allowed in the office. Wasn't that an issue sometime in the past, when a HOCALJ was assigning dismissals just to himself/herself? Particularly now I'd see that as problematic- another ALJ has had the case on multiple times, which means they have at least some amount of time invested in the case. Besides, I have to assume that re-opening is on the horizon somewhere. Right now they are scheduling for mid to late July- even if the offices don't reopen until October, that's only a little over a month away for scheduling purposes.
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Post by ssaogc on Apr 24, 2021 18:40:31 GMT -5
Does anyone know if it is nationwide that HOCALJs are no longer hearing cases? Or region by region? In R4, the HOCALJs have been asked to cut back to 24 (I think) per month, but now have to review every single dismissal from all of the ALJs, decide if they have met every rule in the Agency, then approve, deny, or refer the matter to the QR team. This takes quite a bit of time, needless to say. At some point, all of these claims where the claimant has disappeared, says they do not want to proceed but will not send the signed form back in, who just won't answer the phone, and / or will not sign the form saying they agree to a telephone hearing, will have to be scheduled for an in-person hearing. Would not be surprised if that were a new HOCALJ duty, since they are the only ones allowed in the office. All dismissals are bottled up with HOCALJ, including withdrawals, deceased, administrative. I have dismissals in the double digits tied up for weeks and this week we got the usual RCALJ e-mail telling us to step up moving cases because “our” regional goal will not be met. She misspoke because that is her goal.
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Post by workdrone on Apr 24, 2021 23:34:18 GMT -5
All dismissals are bottled up with HOCALJ, including withdrawals, deceased, administrative. I have dismissals in the double digits tied up for weeks and this week we got the usual RCALJ e-mail telling us to step up moving cases because “our” regional goal will not be met. She misspoke because that is her goal. I'm surprised hearing this. At least in my office, our HOCALJ is only reviewing no show and untimely dismissals, which are covered by the OCALJ COVID guidance. All other dismissals (W/D, administrative, res judicata, etc.) are still handled by the assigned ALJs normally without any hold. Guess I should count my office lucky.
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Post by Baymax on Apr 26, 2021 6:30:52 GMT -5
Doea anyone know if it is nationwide that HOCALJs are no longer hearing cases? Or region by region? In our region (mutually since you and I are in the same region), our HOCALJs are being capped at 20 hearings/month so that more cases can be assigned to other “line” ALJs.
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Post by Baymax on Apr 26, 2021 6:33:41 GMT -5
Long time passing. This week I asked for 18 hearings. I got 3. Yikes!? We were warned by TPTB that there would be a reduction, but wow.. I am very used to being stretched to the limit ..have dealt with it, not always well. I’m curious how the other judges and attorneys are dealing with this dry spell. Will it last? RIF in our future? I had asked for 20 for the week and was scheduled for ZERO. Our HO has been handling cases from our area plus at least six other HOs, and I’m averaging about 5 hearings per WEEK.
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Post by tripper on Apr 28, 2021 7:25:27 GMT -5
So strange. Why can’t the workload be better balanced? I accepted a virtual detail to a difference office in my region and now I have 50+ a month.
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Post by nylawyer on Apr 28, 2021 11:06:07 GMT -5
I imagine that if it continues the agency will have to start spreading the cases out. I'm assuming they aren't doing so now because they don't know how everything will shake out once offices re-open.
But you have my sympathies, I can't imagine trying to do what had been a full day of hearings by phone, I find even with just 3 or 4 hearings in a day I lose at least an hour to technology problems. Sometimes much more.
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Post by tripper on Apr 29, 2021 7:55:34 GMT -5
I imagine that if it continues the agency will have to start spreading the cases out. I'm assuming they aren't doing so now because they don't know how everything will shake out once offices re-open. But you have my sympathies, I can't imagine trying to do what had been a full day of hearings by phone, I find even with just 3 or 4 hearings in a day I lose at least an hour to technology problems. Sometimes much more. And then when you mix in an occasional video hearing, it’s exhausting. Kinda kicking myself for volunteering. Seven a day is rough.
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Post by nylawyer on Apr 29, 2021 10:33:54 GMT -5
I'm curious, do you have any sense of how your caseload compares with that of the ALJs in the office you are detailed to?
I ask because I have been told that offices get a little exploity when they get temporary assistance, with something other than a random distribution of cases.
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Post by tripper on Apr 29, 2021 15:32:01 GMT -5
So because I’m actually detailed to that office and counted as one of their own, it is a random assignment through CSU. I do know that when offices transfer cases out to other offices, they have been known to send an extraordinary number of very large files.
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Post by Pixie on Apr 30, 2021 8:00:58 GMT -5
So because I’m actually detailed to that office and counted as one of their own, it is a random assignment through CSU. I do know that when offices transfer cases out to other offices, they have been known to send an extraordinary number of very large files. Unfortunately that is standard practice. I try to keep it to a minimum in my office, but it sometimes gets by me. That practice makes it less likely that someone will volunteer to help out. Pixie
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