I am writing as a private citizen, although I am also an Administrative Law Judge
with the Social Security Administration (Agency) and am thus familiar with the
entire administrative process and the negative effect the proposal to amend the
rules under consideration would have. For decades, Administrative Law Judges
(ALJs) have had the responsibility of setting the time and place for a hearing that
is scheduled pursuant to the Administrative Procedure Act, which protects the
independence of ALJs to sort out the facts and law when individuals seek relief
from the adverse ruling of the Agency. The ALJ has the duty to not only protect
the right for due process in hearing and deciding cases, but must also guard the
Social Security trust fund from being depleted due to payment of fraudulent
claims. The importance of keeping the ALJ independent from the Agency and its
political agenda, which is directed from those in power at any particular time
cannot be over emphasized. Forcing cases to proceed in order to satisfy the
particular Agency goal for closing an arbitrary number of cases does not serve the
individual claimant or the general public well. The result will be to have cases
come to hearing without the necessary development, particularly for those who are
not represented in their claim, and to thus require supplemental hearings, perhaps
with experts who should have been scheduled to testify in the first place. This
delays the whole process, contrary to the Agency thinking that more cases will be
heard and decided,
I also want to emphasize the need for continued independence of the ALJ from
pressure from the Agency to hear and decide cases in any particular way, which
independence is set forth in the Administrative Procedure Act.
Thank you
Comment from strauss, hazel, private citizen
This is comment on Proposed Rule
Setting the Time and Place for a Hearing before an Administrative Law Judge
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