Social Security Administration's Management of the Office of Hearings and Appeals: Hearing Before the Subcommittee on Social Security of the Committee on Ways and Means, U.S. House of Representatives, One Hundred Eighth Congress, First Session, September 25, 2003

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Page 92 - an action may be taken against an administrative law judge appointed under section 3105 of this title by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board.
Page 63 - provision thereof. Defendants' insensitivity to that degree of decisional independence the APA affords to administrative law judges and the injudicious use of phrases such as "targeting", "goals" and "behavior modification" could have tended to corrupt the ability of administrative law judges to exercise that independence in the vital cases that they decide. The
Page 112 - of the Office of Hearings and Appeals. The Office of Hearings and Appeals within the Social Security Administration affects the lives of millions of Americans with its disability services. With increased staffing and funding, the Agency would be able to improve its service to its customers—the American public. The missions performed by
Page 63 - In sum, the Court concludes, that defendants' unremitting focus on allowance rates in the individual ALJ portion of the Bellmon Review Program created an untenable atmosphere of tension and unfairness which violated the spirit of the APA, if no
Page 54 - Brain Injury Association of America International Association of Psychosocial Rehabilitation Services National Alliance for the Mentally 111 National Association of Councils on Developmental Disabilities National Association of Disability Representatives National Association of Protection and Advocacy Systems
Page 57 - PROVIDE SSA WITH ADEQUATE RESOURCES TO MEET CURRENT AND FUTURE NEEDS To reduce delays, better develop cases and implement technological advances, SSA requires adequate staffing and resources. We urge commitment of sufficient resources and personnel to resolve the waiting times and make the process work better for the benefit of the public. To this end, NOSSCR
Page 155 - of this magnitude are simply unacceptable in what Congress intended to be a fair and uniform national program. "Charting the Future of Social Security's Disability Programs: The Need for Fundamental Change", Social Security Advisory Board, January 2001.
Page 53 - who provides impartial fact-finding and adjudication, free from any agency coercion or influence. The ALJ asks questions of and takes testimony from the claimant, may develop evidence when necessary, considers and weighs the medical evidence, evaluates the vocational factors, all in accordance with the statute, agency policy, including Social Security Rulings and Acquiescence Rulings, and circuit case law.
Page 63 - Congress intended to make hearing examiners "a special class of semi-independent subordinate hearing officers" by vesting control of their compensation, promotion and tenure in the Civil Service Commission to a much greater extent than in the case of other federal employees.
Page 53 - An Administrative Law Judge A claimant's right to a hearing before an Administrative Law Judge (ALJ) is central to the fairness of the adjudication process. This is the right to a full and fair administrative hearing by an independent decision maker who provides impartial fact-finding and adjudication, free from

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