joy
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Posts: 8 
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Post by joy on Aug 21, 2023 22:54:24 GMT -5
For me I'm chomping at the bit ready to get back in the hearing room and questioning the witnesses and making the decisions. But at the same time I'm kind of dizzy from learning all the internal procedures and resolving the computer issues and figuring out when I'm supposed to be where and which manager does what. That would be true with any new job so that will sort itself out. I am very impressed with the ALJ Training Mods. They're like cliff's notes versions of all the big issues complete with hyperlinks to everything relevant. I've been saving those. God I wish I had those in private practice. Although watching the VODS... The VODS can be helpful. Or they can be death by powerpoint. Combined with rapid fire acronyms that may or may not be explained. And your HOCALJs and SAAs and LDWs and HODs trying to be actors.... and the animated videos with the characters who have to do the same gesticulations over and over and over again like they're doing a dance....it gets entertaining in its own right. Especially since the first week we had to be in the office but most everyone else was teleworking. Here I was. trapped in an empty office building. Forced by an unknown management to watch cheesy videos I have no control over....Oh my gosh I have died and gone to Mystery Science Theater 3000! Have to celebrate MiSTie love! Welcome to the Gizmoplex! |
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Post by arkstfan on Aug 21, 2023 23:22:19 GMT -5
For those of us coming in from outside the federal government, the idea of a 40 hour week is an alien concept. Having worked whatever it took to get the job done all of my career, there was no way I could pack up and go home at the end of 8 hours. There was still work to be done. Sure, if I left early, the work would still be there tomorrow, but so would another 8 to 9 hours of its brothers and sisters. Eventually, I learned ways to increase my efficiency and quit spending so much time in the office. I have discussed two of these methods below. There is one category a judge should avoid like the plague, and that is ALPO. That is the category in which a case is placed after the hearing is over, but no decision has been made. Always make a decision and write the decision notes before leaving the hearing room at the end of the day. I actually do it immediately after the hearing and before the next hearing starts. If a case has to go out for a CE, I still write the decision notes as an unfavorable with a caveat that if the CE finds xyz, then it will be a favorable. Why unfavorable? Because if there were enough there for a favorable, I wouldn't send out for the CE. The biggest time suck is having to review a case for the second time. Any time a case goes out for development, the probability is that there will be a second file review because we will have forgotten the details by the time we get it back. The way I avoid this is to write my decision notes at the end of the hearing with a note as to what the development might show. That way there is no need to review the case file, but only to look a my decision notes and the new records, if any, that have been submitted. Because of my notes, I know exactly what I am looking for. So, to condense: * Never use ALPO. * Always write decision notes immediately after the hearing. Follow these rules, and you will be well on your way to leaving the office at the end of an 8 to 9 hour day. Pixie I'm mostly on the same page. I typically write a note in HACPS thingy that says something like UNFAV hypo 1 unless new records show _____. When I get stuck with a later submission off a five day letter there are some that are going to be UNFAV unless those records show something worse than the claimant testified would be in the records. For those I'll fill in the decision notes and just not hit the button to lock in. More typical is testimony would be consistent with disability but records don't support it, for those I go with the note. The HACPS case thing doesn't allow you to access the private folder so unless you write good notes about testimony and more importantly your at the hearing impressions of the testimony in light of the records you have, you get stuck going into e-view to review the hearing recorder notes or even worse having to listen to parts of the hearing. Huge time suck. |
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Post by arkstfan on Aug 21, 2023 23:29:04 GMT -5
It's sometimes impossible to get instructions done after a hearing, because one ran late, etc. etc., but I always try to at least put a preliminary determination in DWI. If it's going POST, I might say, "Looks UNF Step 4, but wait for POST MER." That said, I get lots of ALPO dumps from POST from certain staff, and Friday afternoon EDITs (usually after I have signed out). That said, I agree that whenever possible, do full instructions and toggle "Complete" after the hearing and then when it shows up in ALPO, the DWI is greyed and you can move immediately to UNWR. If you have no POST, but don't have time to finish instructions, at least summarize in the top of ALPO (e.g., "FFAV Meets 4.02A" or "UNF, but see if SGA or Step 5"). That way, it won't draw a blank when you go back to it. On those rare occasions when I am all caught up, I cruise my POST cases. I always find cases languishing there for no good reason. Remind the staff of what has to be done. I rarely will move a case myself from POST to ALPO (like when MER came in or the CE is done and proffered). Usually, I ask the staff responsible to do it, so they know they messed up (although I do not chastise--I'll just say, "In XXXXXX case, I saw that all MER is in. Please move to ALPO"). I will close development and move it myself if staffer is on long-term leave or if it's a critical case. Interesting. In our office at the end of the hearing it's expected that you tell the VHR whether the case should be sent to UNWR or POST and if it's going to POST a brief explanation of why such as request Mental CE or need to request records since 7/1/2022 from MegaCorp Hospital or leave open to 9/5/2023 for new records from rep. Then the case assistants can get everything rolling from the sheets the VHR completes. |
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Post by arkstfan on Aug 21, 2023 23:34:12 GMT -5
I have never - literally never - had an ME at a hearing. I figure it is my job to decide whether the evidence matches Social Security's standard for disability. However, there have been 5 or 6 cases where I have sent interrogatories to an ME because the MER was beyond my ken. I had once needed a Pediatric respiratory specialist determine whether a listing was equalled. I had another child's case where the Listing for a particular hearing problem referred to a test that was obsolete and no longer used, so I had to ask for a call about whether the tests we had equalled a listing. And I have had a couple vision field listing cases and who can read those test results? My point - you do not have to have an ME at the hearing, you can get help later if you really, really need it. Also, when I first started, I had a wise mentor tell me - Do not order a CE unless you need it to pay a case. If the evidence is not there and your gut is telling you to deny, just deny it; a CE can muck things up. I order CEs typically when there is objective testing necessary to pay. I had one guy, former coal miner, 62, and could barely walk across the room. He just looked frail, and seemed credible in his testimony, but there was no evidence. I asked the CE for hip and knee X-rays - the guy had severe arthritis of the knees and avascular necrosis of the hips. An obvious pay, but just needed real documentation. I will also order a CE in order to get IQ testing and achievement testing. That being said, I order less than a dozen CEs a year. The above POST suggestions are great, except I would add, do your instructions for cases that go into post. Sometimes, nothing comes in and you are good to go. A lot of times, "new" evidence does not change anything. Before Medicaid expansion in our state it wasn't unusual to get a file that had a CE and one or two emergency room visits and nothing else and you had mental health issues mentioned but not formally diagnosed or ruled out. Would order a mental CE because otherwise AC or District Court would send it back for development. I've got my second ME in 15 years coming up. This one is because the case was remanded with an order to get an ME. The ALJ didn't so it got remanded with an order to get an ME and was assigned to me. The other was a remand order I was assigned right off judges school. |
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Post by gazoo on Aug 22, 2023 6:52:14 GMT -5
One thing I do have to say about this small class of 33 hires. Their resumes are impressive. Definitely a very elite cadre hired this go around. When I got FOADed in 2013 and 2016 I was like “Damn it. Why won’t they hire me?” Today I’m like “Damn, how did they manage to hire me?” Yep. Even though the quantity of insiders is much less this round, the quality is vastly superior to the 2022 class. There are 2 absolute super stars, as well as more than a handful of excellent others. Id recommend befriending them and adding them to your contact list asap Best advice I can give is to find whoever in your office is the most experienced and form a strong working relationship. Once you get the hang of the job, the vast majority of cases will be fairly routine. But for those complicated cases whether it’s procedural or substantive, having an in house person to assist will be invaluable. OUCH |
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Post by Gaidin on Aug 22, 2023 8:57:29 GMT -5
In the 9th circuit you have to use a lot more MEs in kids cases or you can have a lot more remands in kids cases. As a general rule I prefer not to use an ME because I don't think it's necessary but if you need one don't let any of us talk you out of it.
That being said I think ME testimony live is 100 times better than ME interrogatories. The hacks they have testifying are usually not the best at answering questions but at least if they are live you can ask clarifying questions. If you send interrogatories you get responses that are incomplete, inconsistent, or incoherent with no way to clarify.
Order CEs or don't. You're responsible for developing the record necessary to make a decision. If you're comfortable with the record then make a decision but if you're not then develop it.
I think a lot of the horror on here about ALPO is misplaced. The danger with ALPO is letting things sit there. You aren't a failure because some cases end up in ALPO. You have problems if you have cases hanging out in ALPO for longer than benchmark. You can't make reps or claimants get the record complete before hearing. You can't stop a claimant from having a heart attack 2 weeks before the hearing, and you can't make DDS perform a CE exam you ordered 3 months ago any faster.
Don't beat yourself up if a case lands in ALPO just keep it moving.
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Post by ba on Aug 22, 2023 11:10:57 GMT -5
In the 9th circuit you have to use a lot more MEs in kids cases or you can have a lot more remands in kids cases. As a general rule I prefer not to use an ME because I don't think it's necessary but if you need one don't let any of us talk you out of it. That being said I think ME testimony live is 100 times better than ME interrogatories. The hacks they have testifying are usually not the best at answering questions but at least if they are live you can ask clarifying questions. If you send interrogatories you get responses that are incomplete, inconsistent, or incoherent with no way to clarify. Order CEs or don't. You're responsible for developing the record necessary to make a decision. If you're comfortable with the record then make a decision but if you're not then develop it. I think a lot of the horror on here about ALPO is misplaced. The danger with ALPO is letting things sit there. You aren't a failure because some cases end up in ALPO. You have problems if you have cases hanging out in ALPO for longer than benchmark. You can't make reps or claimants get the record complete before hearing. You can't stop a claimant from having a heart attack 2 weeks before the hearing, and you can't make DDS perform a CE exam you ordered 3 months ago any faster. Don't beat yourself up if a case lands in ALPO just keep it moving. MEs are also extremely helpful when visual fields are the dispositive issue. |
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Post by arkstfan on Aug 22, 2023 19:05:40 GMT -5
In the 9th circuit you have to use a lot more MEs in kids cases or you can have a lot more remands in kids cases. As a general rule I prefer not to use an ME because I don't think it's necessary but if you need one don't let any of us talk you out of it. That being said I think ME testimony live is 100 times better than ME interrogatories. The hacks they have testifying are usually not the best at answering questions but at least if they are live you can ask clarifying questions. If you send interrogatories you get responses that are incomplete, inconsistent, or incoherent with no way to clarify. Order CEs or don't. You're responsible for developing the record necessary to make a decision. If you're comfortable with the record then make a decision but if you're not then develop it. I think a lot of the horror on here about ALPO is misplaced. The danger with ALPO is letting things sit there. You aren't a failure because some cases end up in ALPO. You have problems if you have cases hanging out in ALPO for longer than benchmark. You can't make reps or claimants get the record complete before hearing. You can't stop a claimant from having a heart attack 2 weeks before the hearing, and you can't make DDS perform a CE exam you ordered 3 months ago any faster. Don't beat yourself up if a case lands in ALPO just keep it moving. MEs are also extremely helpful when visual fields are the dispositive issue. Pretty rare to get restricted field of vision cases, maybe our DDS is paying them. Few years ago asked my ophthalmologist to walk me through her notes and I unfortunately didn't retain as much |
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Post by ba on Aug 22, 2023 20:21:09 GMT -5
MEs are also extremely helpful when visual fields are the dispositive issue. Pretty rare to get restricted field of vision cases, maybe our DDS is paying them. Few years ago asked my ophthalmologist to walk me through her notes and I unfortunately didn't retain as much I’ve had quite a few and some excellent ophthalmologists offer very helpful testimony. |
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Post by Baymax on Aug 26, 2023 9:54:14 GMT -5
In the 9th circuit you have to use a lot more MEs in kids cases or you can have a lot more remands in kids cases. As a general rule I prefer not to use an ME because I don't think it's necessary but if you need one don't let any of us talk you out of it. That being said I think ME testimony live is 100 times better than ME interrogatories. The hacks they have testifying are usually not the best at answering questions but at least if they are live you can ask clarifying questions. If you send interrogatories you get responses that are incomplete, inconsistent, or incoherent with no way to clarify. Order CEs or don't. You're responsible for developing the record necessary to make a decision. If you're comfortable with the record then make a decision but if you're not then develop it. I think a lot of the horror on here about ALPO is misplaced. The danger with ALPO is letting things sit there. You aren't a failure because some cases end up in ALPO. You have problems if you have cases hanging out in ALPO for longer than benchmark. You can't make reps or claimants get the record complete before hearing. You can't stop a claimant from having a heart attack 2 weeks before the hearing, and you can't make DDS perform a CE exam you ordered 3 months ago any faster. Don't beat yourself up if a case lands in ALPO just keep it moving. I completely echo Pixie’s and Gaidin’s comments - everyone will get ALPO, but the key is managing it. As someone else also mentioned, I have two main methods of managing ALPO: 1. I take ALL of my prehearing review notes in DWI. This allows me to organize my analysis and essentially pre-fill the DWI with info that isn’t going to change because of the hearing. 2. a. For cases where the record is complete, I finish my DWI either right after the hearing or at the end of my hearing day, even if I’m staying late to do it. This is usually very easy because of #1 above - I’ll usually add some comments of anything learned at the hearing and the PRW/other work. These cases go straight to UNWR. b. For cases going into POST I’ll make a note in the DWI about why it’s going to POST, and will fill in all of the PRW/other work info if I can (or I’ll copy and paste from my hearing notes). The only cases that typically come into ALPO are cases coming from POST. Otherwise I think of ALPO as radioactive. Before our office switched to a “team” model, my LA and I had a perfect understanding- he would only move cases into ALPO on my hearing days and also let me know (via email - not required but it was very helpful). I would usually take care of them within 24 hrs and usually had only 2-3 at a time. More than manageable. However, since we moved a “team” model (two pre LAs and one POST LA, who is terribly slow), now I’m getting 5-6 moved into ALPO at once, rather randomly and without any warning and they rack up. Managing the cases is ⅓ of our daily tasks. |
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Post by Baymax on Aug 26, 2023 10:21:50 GMT -5
Yep. Even though the quantity of insiders is much less this round, the quality is vastly superior to the 2022 class. There are 2 absolute super stars, as well as more than a handful of excellent others. Id recommend befriending them and adding them to your contact list asap Best advice I can give is to find whoever in your office is the most experienced and form a strong working relationship. Once you get the hang of the job, the vast majority of cases will be fairly routine. But for those complicated cases whether it’s procedural or substantive, having an in house person to assist will be invaluable. OUCH I got to meet most of the 2022 class, and trust me, they too are impressive. Let’s not compare classes please. |
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