Social Security Disability claimant’s ability to obtain a fair hearing has been made more difficult. The Social Security Administration has issued a new unfair ruling limiting a disabled claimant’s right to advance notice of which Administrative Law Judge (ALJ) will hear their case. The Social Security Disability system is vital to disabled workers as it is frequently the only financial resource that keeps them from living in abject poverty. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration has issued a new policy regarding assignment of ALJs to hear cases. See the NOSSCR post below.
“ODAR is instituting a new policy that the identity of the ALJ assigned to each claimant’s case will not be disclosed until the time of the actual hearing.
Apparently, the rational for this new policy is to thwart the purported practice of some advocates who–ODAR claims–“forum shop” to avoid particular ALJs.
Many members have reported that this new policy will impair their ability to assist ODAR by meeting the needs of individual ALJs, and will also make it very difficult to manage their practices. Not only do different judges benefit from different preparation by representatives, but some need you to set aside more time than others, some need claimants to be prepared in different ways, some need written arguments in advance, and some need you to be prepared to make specific presentations at the hearing. We expect impaired efficiency at hearing offices as a result of this new policy, and have protested implementation to Commissioner Astrue and to Deputy Commissioner Glenn Sklar. The letter appears on our webpage: www.nosscr.org.”
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Additionally, the SSA is also no longer giving advance notice of what medical and vocational experts it is calling as expert witnesses in ALJ hearings. It is unclear whether they will give notice if any expert is called at all. This makes representation at the hearings extremely difficult as the representative Social Security Disability attorney must be prepared for any and all possible combinations of ALJ and experts. This policy is likely to be contested in court as a violation of due process. I will update this blog as developments occur.
The lawyers at Marc Whitehead & Associates are experts in dealing with Social Security Disability. Call 800-562-9830 or visit disabilitydenials.com to learn more.
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