tag:blogger.com,1999:blog-6493142765016058848.post2390906171098163437..comments2024-01-08T18:50:03.087-08:00Comments on LawAndOrder: How To Win Your Social Security Disability Claim? Simple, Find The Right Judge.ichbinaljhttp://www.blogger.com/profile/07968729252544011395noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6493142765016058848.post-80248978174856824402015-03-11T10:28:03.404-07:002015-03-11T10:28:03.404-07:00Up until about 1995 every person in America and it...Up until about 1995 every person in America and its Territories and Possessions who filed for Social Security Disability Benefits (SSI and SSID) was granted benefits. All the winos, alcoholics and misfits with the slightest mental impairment were conclusive presumed to be incapable of engaging in Substantial Gainful Activity (SGA) and therefore were entitled to draw Social Security Benefits according to Social Security Regulations. <br />Those Regulations were contained in the Listings. All SSA Judges were duty bound and required to follow them. Many healthy people who were injured and could not work were denied benefits when the drunks and derelicts of American society were granted benefits. It bordered on a public scandal.<br />The Regulations they followed were known as the Medical Vocational Grids or simply The Listings. They were not always logical; like a camel is a horse designed by a committee. The Listings were designed by Social Security scholars. <br />For instance, the bar to benefits approval was and still is lower for someone who doesn’t speak English, on the theory that it is difficult to work in America when you cannot speak English. <br />These guidelines (in The Listings) also do not give due consideration to actual labor market experience, dictating a looser approval standard for someone with only a high-school degree, even if the person has succeeded in the labor force for decades.<br />The framework (of The Listings) was developed in the late 1950s, for the previous generation’s workforce, and hasn’t been updated since 1978.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6493142765016058848.post-30068055136031284292015-03-11T05:40:44.130-07:002015-03-11T05:40:44.130-07:00The framework they must follow—known as the Medica...The framework they must follow—known as the Medical Vocational Grid (known as The Listings)—is formulaic to the point of senselessness. For instance, the bar to benefits approval is lower for someone who doesn’t speak English, on the theory that it is difficult to find a job without the language. But that English rule is also applied to claimants from Puerto Rico, where the language of business is Spanish.<br />These guidelines (in The Listings) also do not give due consideration to actual labor market experience, dictating a looser approval standard for someone with only a high-school degree, even if the person has succeeded in the labor force for decades.<br />The framework (of The Listings) was developed in the late 1950s, for the previous generation’s workforce, and hasn’t been updated since 1978. <br />Until 1990 The Listings declared anyone who was addicted to drugs or alcohol was incapacitated and could not engage in substantial gainful employment. So every person who filed for Social Security disability and alleged drug or alcohol addiction was granted benefits. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6493142765016058848.post-40735876448024332462015-03-11T05:16:59.993-07:002015-03-11T05:16:59.993-07:00Former Social Security Commissioner Michael Astrue...Former Social Security Commissioner Michael Astrue, who took office in 2007, like every Commissioner before him tried his own brand of reform. He made changes to the Social Security Operating System. <br />Trying to reduce the Backlog, he tinkered with the personnel system. Mostly, he went after the ALJs. He blamed the ALJs for everything. He was a "blame the Judges first" man.<br />His reforms produced minor and temporary results. The Backlog was reduced for a moment in time. His programs to increase accountability and judicial turnover were a disaster. <br />He removed good experienced ALJs and replaced them with new, inexperienced and easily manipulated ALJ recruits who could be told how to decide cases. <br />He had a formula for how many claimants should be granted benefits and how many should be denied. The new ALJs lack proper judicial temperament, and that is what Astrue was after. <br />He wanted to take away the judicial independence of the judges. It was a numbers game, and a highly volume business. Along with Linda DeSoto he marked every ALJ with 15 to 20 years experience on the job for removal. Experienced and senior male judges were forced to retire so that less experienced militant female judges could be installed as Chief ALJ in the Hearing Offices. This was most prevalent in California, in the Ninth Region. <br />Linda DeSoto proudly bragged about the number of judges on her "Hit List" that she had to get rid of. At any one time there were 25 or more judges on her Hit List.<br />Judges were ordered to retire or resign. Any who refused were brought up on charges. The charges were flimsy and ridiculous; such as, receiving personal mail and magazines at the Office, using the OHA Office address on their official business cards (that were designed, ordered, and printed by the SSA Agency), storing pictures deemed inappropriate on their personal computers (pc), looking at inappropriate web sites during office or after hours, writing letters on obsolete stationary with SSA letterheads, and using their titles (U. S. Administrative Law Judge) when signing personal letters. Judges' offices were searched on weekends when they were not present. Their phones conversations were monitored. Their privacy was invaded. Their computers were seized without notice or warning. Some judges went to lunch and came back to the office to find their computers had been taken by Astrue's henchmen. They were locked out of their personal offices. The locks to the main SSA work place were changed and ALJs were given the new office key. Moreover, if any cases went to NLRB Hearings, the Agency suborned perjury, and disobeyed their own Agency Rules. Astrue's policies were a disaster. He demoralized the ALJ corps, and morale among the judges plummeted. As a result the administrative staff was confused and frustrated. This atmosphere caused efficiency to suffer and increased the Backlog.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6493142765016058848.post-77460348540175169352015-03-10T07:37:36.029-07:002015-03-10T07:37:36.029-07:00Former Social Security Commissioner Michael Astrue...Former Social Security Commissioner Michael Astrue, who took office in 2007, like every Commissioner before him tries his own brand or reform. He made changes to the System. Trying to reduce the Backlog, he tinkered with the personnel system. He went after the ALJs. He blamed the ALJs for everything. He was a "blame the Judges first" man.<br />His reforms produced minor and temporary results. The Backlog was reduced for a moment in time. His program to increase accountability and judicial turnover were a disaster. He removed good experienced ALJ and replaced them with new, inexperienced and easily manipulated recruits who could be told how to decide cases. The new ALJs lack proper judicial temperament, and that is what Astrue was after. Along with Linda DeSoto he marked every ALJ with 15 to 20 years experience on teh job for removal. They were ordered to retire or resign. Any who refused were brought up on charges. the charges were flimsy and ridiculous; such as, receivin personl mail and magazines at the Office, using the OHA office address on their official business card (that were designed, ordered, and printed by the SSA Agency), inappropriate pictures stored on their personal computers (pc), looking at inappropriate wed sites during office hours, writing letters on obsolete stationary with SSA letterheads, and using their titles (U. S. Administrative Law Judge) when signing personal letters Moreover, if any cases went to NLRB Hearings, the Agency suborned perjury, and disobeyed their own Agency Rules. Astrue's policies were a disaster.Anonymousnoreply@blogger.com