Social Security's "Secret Judges"

Until a few months ago, attorneys or representatives were told which judge they would face for a disability benefits hearing.  Then, Social Security began the "secret judge" practice.  You can't find out which judge is going to hear your case until you walk into the hearing.  Apparently, some judges are so bad that lawyers won't let their clients face them if they know in advance.  At least, that's the impression the "secret judge" policy gives.


Social Security's rationale for "secret judges" is to stop judge shopping.  You see, award rates vary from judge to judge, even within the same hearing office.  One judge may award 75 percent of cases while another judge in the same building may only award 30 percent.  


In theory, representatives had sometimes withdrawn their cases when they got a "denier" judge and rescheduled the hearing, hoping to get a more reasonable judge next time.  The problem with that theory is that you cannot simply withdraw a case and order a new judge.  When you withdraw, the judge will dismiss the case and it dies.  Then your client files a new application, gets denied again, goes through reconsideration (in a non-prototype state), and waits another year or longer for a new hearing.  In short, when you withdraw a case at the hearing level you set your client's wait time back about 2 more years in all.  Frankly, if I pulled that kind of stunt I don't believe I would have any clients.  


There are no good options at the hearing level when you are assigned a denier judge - one who turns almost everyone down.  The Commissioner of Social Security or the Chief Administrative Law Judges need to review this situation from the top down.  There will always be different theories and approaches to adjudication.  Award and denial rates will always vary from judge to judge.  No complaint with that.  But there should not be a judge at one end of the scale awarding 85 percent and another judge only awarding 25 percent unless there is a reasonable justification for it, which I have never heard.




Comments

  1. Charles W. ForsytheNovember 3, 2013 at 10:44 AM

    UPDATE: This "secret judge" policy has been terminated. Once again, Social Security ODAR offices will tell claimants or their representatives which judge is handling their case. I find this somewhat helpful because it lets me take into account the mannerisms, preferences and prejudices of the judge. For instance, some judges run much more formal hearings, while other judges are laid back and informal. Some are more likely to hold the record open if requested. Some permit more extensive cross examination of the vocational witness, etc. Charles W. Forsythe, the Forsythe Firm. (256) 799-0297 or (256) 431-1599.

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