Can You Keep A Secret?
December 18, 2011
Author: Catherine M. Callery (Kate)| Louise M. Tarantino
It was reported in the Wall Street Journal on December 15, 2011, that ODAR is in the process of instituting a new policy that the identity of the ALJ assigned to each claimant's case will be secret until the time of the actual hearing. Although there apparently has not been an official announcement of this new policy as the date of publication of this newsletter, some representatives around the country have already received notices about it.
The alleged rationale for this new policy is to prevent the purported practice of some advocates who - according to ODAR - “forum shop” to avoid particular ALJs. Advocates have raised concerns, however, 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. Furthermore, the new policy will frustrate SSA regulations requiring claimants to seek recusal of a particular ALJ as early as possible.
Stay tuned to these pages and the DAP list serve for more information about this new policy as it unfolds.
Copyright © Empire Justice Center. All rights reserved. Articles may be reprinted only with permission of the authors.
