Judge __________

astro5199 · Guest

I recently had a hearing in front of him and was verbally thrashed for being a non-attorney rep.
He did not swear in the client nor did he allow testimony from the witness. He was rude and abrasive to the client and questioned her thinking. Luckily she is on benefits and can hold out for the Acr remand.

I am curious if there a process for discipline for ALJ or if the good old boy systeme is in place.

I felt like I was black and in the 60's by this judge.

]________ ALJ's name redacted by Admin. _________

Please see http://ssaconnect.com/content/view/61/76/

MikeWalters · Joined: 13 May 2004 Posts: 1138 Location: Cincinnati OH

http://www.ssa.gov/OP_Home/hallex/I-03/I-3-1-25.html

I know this suggestion will probably not be well received, but I would generally not air a grievance against an ALJ in a public forum such as this. I believe NADR has a private posting board where it is less likely that the ALJ you named will actually read your post.

David Traver · Posted: Wed May 14, 2008 07:07 pm Post subject:

I have found there are several ALJ's who fit this description. Picking out any one of them for special notice by name is a little unfair to the others.

I suggest you not use the name and let them all feel a little guilt for their arrogance, indifference, and lack of professionalism.

By the way, I think 1960s judges were harder on hippies than blacks. Worst of all would be a black hippy. The police just tended to just shoot them while they slept.

In any event, if you are going to vent about a specific judge, please don't do it so much here. Keep the rants general and I will not mess with them.

If you want to vent, call me at 262-594-2096.

deltajudge · Joined: 05 Nov 2007 Posts: 187

I think most ALJs that choose to be abusive, do so on their own initiatiive. They do it because they are insecure. They went through life being pissed on, and now they have the opportunity to piss on somebody else. That's life.

David Traver · Posted: Thu May 15, 2008 03:15 am Post subject:

Interesting observation.

Whatever the etiology, they typically demonstrate a pervasive negativity though their constant distrust, use of aggression, lack of candor and tendency to be uncivil at the drop of a hat. In short, they are quintessential bullies.

I suspect they live like all bullies. They have dark lives of psychic and physical pain followed by sparsely attended funerals. They are quickly forgotten with a sigh of relief by all, especially those who know them best.

Some of them do recover, but I have never seen it happen. When it does happen in fiction, it is the stuff of entertaining movies, such as Groundhog Day and Scrooged. In real life however, it is far from entertaining to know one of these most unfortunate souls. For them there is rarely a happy ending.

But that's just my opinion.

astro555 · Guest

It really upsets me when I do come accross a judge like this. I believe in the sytem and fairness. I think all clients deserve a fair hearing.

ken_karlock · Joined: 01 Nov 2004 Posts: 111

Astro555:

If the hearing was as bad as you describe (I have no reason to think it was not) and you and your client believe you were treated unfairly, SSA has a specific mechanism for you to file a complaint. Venting here is good, I often engage in such activity, but nothing will change if complaints are not filed.

See http://www.ssa.gov/pubs/10071.html I believe Mr. Walters may have provided the HALLEX information on this procedure as well.

I believe the Commish has indicated an increased awareness of the need to deal with such complaints so hopefully SSA/ODAR will be receptive to your complaint.

I hope this helps.

Trisha Cardillo

Dear Astro:

I don't know if you are a member of the National Association of Disability Representatives (NADR) or not. If not, I invite you to join us. Mike Walters suggested that you might vent on NADR's Talklist more openly, if you want to use the ALJ's name. As a member and former board member of NADR, let me speak to that, first.

I do not support anyone lambasting an ALJ in any forum, public or private. NADR's Talklist is NOT a forum for blasting anyone. Members do use it as a resource to obtain information about unfamiliar ALJs, which can be invaluable. Typically, members are asked to post a question on the Talklist about a specific ALJ, and members with information to share about that ALJ are asked to respond in private, either via e-mail or phone. Not everyone complies with a "private" response. Knowing your ALJ's preferences and personality quirks is an important part of pre-hearing preparation. Did you know about this ALJ, before the hearing? Would you have done anything differently in your case preparation, had you known?

What happened to you is horrendous, and bullies like this should be reported in the manner suggested, but I would not hold out hope of anything significant changing. Why not ask for an in-person conference with this ALJ, and invite the HOCALJ along to mediate, giving the ALJ an opportunity to air his/her grievances about your performance--NOT your non-attorney status, which should have absolutely no bearing on anything--and giving you an opportunity to air your grievances about this ALJ's behavior towards you in a professional, and private manner. Perhaps that would help to diffuse the anger, and leave both of you with a better impression of the other. Obviously, this is risky, and you might get no reply, but if this is an ALJ that you might have assigned to future clients' cases, what do you intend to do about his apparent animosity towards you? Ask him to recuse himself from EVERY case of yours? Resign yourself--and your clients--to waiting out the Appeals Council? That doesn't seem terribly productive. I know one attorney who was so aggressive that he alienated certain ALJs so badly that the ALJs responded with an organized attack on his character. Even though I believe the ALJs were wrong to do it, the argument could be made that the attorney brought some of the heat on himself. I encourage you to do everything you can to avoid that from happening to you, but at the same time, do not be a doormat or a potted plant.

I've only experienced this kind of abusive attack once, by a Florida ALJ. I filed a complaint, and to the best of my knowledge, he is still on the bench. Fortunately, the remainder of the ALJs I have met could not care less about whether or not I am an attorney. They want me (and all of us) to be prepared, submit all evidence (preferably early), write a coherent brief, know the file well, conduct myself (and help my client to conduct him/herself) appropriately, and do my job. I encourage you to do the same, and I believe that you will earn the respect of the majority of the ALJs you will see. Do what you must with this bully, but keep your eye on the ball, with regard to what you need to do to win your cases and maintain a good reputation with your ODAR(s).