national training cadres « Result #1 Yesterday at 2:52pm »
Just curious as to whether anyone knows how they make the selections for the national ODAR training cadres? Several of my coworkers and I apply every year when they open it & never hear a word about it after we submit our applications. We have a lot of in-house training experience among us, but we don't have any national training experience . . . because we never get selected and get the opportunity to gain national training experience! Do they just pick the same people every year? People that they already know?
Re: Why the disparity in SSA ALJ decision rates? « Result #2 Yesterday at 10:05am »
Gues-you must be one of our SAs- I couldn't come close to 500 cases a month without pros like you. If you are in my shop, you already know it. I fell short in al least 5 decision writing memos last month where my AAs and SAs changed the RFC or step 4 to 5 nexus last month and they were dead right in all 5 and all I had to do is sign it and send an e-mail to them (and management) recognizing the effort. I used to write alot in the alternative but I'd like to think the writers know they are my "backstop" and there is no need to consult me anymore unless it changes the decision (which happened yesterday). Bless you all.
Re: Why the disparity in SSA ALJ decision rates? « Result #3 on Dec 15, 2009, 11:48pm »
I have to add my two cents here.
I agree with what Topher and Decadealj say in the last few posts.
Gues,
I have a question for you? Why do think there are so many funky step 4s?
Because the claimant would be approved at step 5 in a lot of cases and ALJ does not want that result. (Who needs the regs, they are only guidelines, right?)
So you want the writer sua sponte to change the RFC? (ie, from light to medium)
When the record barely supported the light RFC to begin with?
So there is no confusion, I am not being sarcastic. I am wondering if I am missing something?
Because this is the scenario that I see when dealing with step 4s that are a little off. Sure its an easier denial to write but as an officer of the Court I am sworn to uphold the rules and regulations of the forum in which I am engaged.
In all seriousness I would like to see your response.
Re: Why the disparity in SSA ALJ decision rates? « Result #4 on Dec 15, 2009, 10:09pm »
The judges are required to push too many cases through to read each one in minute detail. AAs are the "backstop." It is our job to write legally sound decisions that reach the result the judge wants to reach, and hopefully with his or her general theme as to why. If it can't be done within the regulations, then you talk to your judge. If you have a judge that is unapproachable, then you do the best you can with what you have to reach the desired result with a note to yourself about what you changed and why. Our job title is Attorney Advisor, not typist.
On the original topic, there is a great disparity in the award percentages per office that is somewhat unexplainable. There has to be a happy medium. IMHO, It is not so much about the individual judge's numbers because there is a cherry picking issue where only the tough cases go to hearing, but it is about the office as a whole numbers. With the same set of rules, it makes no sense for one office to deny on average 10% and another to deny on average 50% or more. There is always going to be some disparity because judges are human beings and so are claimants, but the degree of the disparity between the polar ends of the list is just unacceptable.
Re: Why the disparity in SSA ALJ decision rates? « Result #5 on Dec 15, 2009, 8:43pm »
Two quick comments. That makes a lot of sense on the cherry picking, but how to measure? Seems very possible.
Second, if the ALJ gives you a decision to write that is a denial at step 4 this is not supported, write a denial at step 5. That is what you get paid for and I've done that too many times to count and never heard a complaint. Do you thing judges even look at their instructions when they get a decision from someone with a clue that is well written and the outcome they directed? Either you have no clue or can't write if you are putting out garbage and blame the alj.
Re: Why the disparity in SSA ALJ decision rates? « Result #6 on Dec 15, 2009, 7:56pm »
I have been reluctant to respond to this but feel compelled to contribute something. A Deleware newspaper recently published statistics similar to the Oregonian FOIA stats last year and some of us were horrified to see our approval rates drastically decline in the last couple of years. I have discussed it with our writers and long time bar practitioners. I don't know about other offices but since we started doing video conferences, in hard hit economic areas with 3-4 year old cases, our apporoval rate has plummeted. Why? The local ODARs are cherry-picking every possible pay case- we can see it in their 90% approval rates. What is left are claimants in their 20s who are alcoholics, drug abusers and felons who were told by some social service source that they were entitled to disability upon their release from prison. I am not kidding- it is sick- don't forum shop based on the stats; call one of your NOSSCR associates in the ALJ's area and get an a assessment as to how fair the ALJ is or not.
Of course it COULD be PRW if the job was unskilled (or semiskilled) and was performed at SGA for the requisite months to learn it, but this evidence is often lacking. I.e. it isn't clear in the record how many months the claimant actually performed the job (the work history report won't say). Often you have to audit the hearing to learn if the ALJ/VE actually asked the claimant about it or not. This sort of thing could all be disposed of with a sentence or two in the decision obviously. A common mistake I've seen is the ALJ will qualify part-time jobs as PRW. Unless it equals SGA, it ain't PRW. Just stupid stuff.
Sure a sentence or two in the decision could take care of the matter, but what about the ALJ who puts a Claimant into PRW, when there clearly wasn't any PRW and does this consistently. Does the decision writer take time out of their schedule to go educate the ALJ over and over again? Seriously, when is enough enough? When do you say OK PRW it is even though your WRONG and I know your WRONG and guess what I don't care.
Some aljs I have written for will put your suggestion up your "nose" with a candle on it...Many become pompus asses when they get the "judge" title.
Re: Why the disparity in SSA ALJ decision rates? « Result #8 on Dec 15, 2009, 10:16am »
Of course it did, that's the scam. We have been paying unemployment benefits to the unemployed with some physical problems for years that last years and years. They aren't complaining and neither are we, so Congress could give a #$#! (ends in n). The train wreck is coming though, and only then will something happen.
Re: Why the disparity in SSA ALJ decision rates? « Result #10 on Dec 14, 2009, 8:41am »
Really, now, what difference does it make if you can do your past relevant work if you can't perform jobs existing in significant numbers? A denial at step 4 that is a pay at step 5 is so silly on its face, especially when, like almost always, it was work 10 years ago that was barely sga, or was one of about 6 different jobs the person did over their relevant working lifetime.
It is a crap shoot that has nothing to do with being physically unable to work, but is a transfer of tax $ to the problem unemployed.
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I have to add my two cents here.
