Long Social Security hearing delays? “Blame the judges!”

The long wait times in Social Security cases are prompting a backlash against Administrative Law Judges (ALJs) in Social Security cases.  

Across the country, it takes an average of 480 days to get a judge’s ruling on a Social Security disability claim — but 650 days if your case is in Portland.

The problems in Portland reflect a broader national crisis, according to Social Security Administration records … Only about half the agency’s administrative law judges meet its minimum goal of clearing 500 cases a year.

….

In October 2007, Social Security Commissioner Michael J. Astrue met with a delegation of judges from around the country and … complained that many were not productive enough, according to the union that represents the judges. Astrue also accused them of not wanting to be subjected to any professional standards.

The commissioner has testified before Congress that the bulk of administrative law judges are hardworking. But he has griped about underachievers, and the agency set performance goals that ask judges to clear 500 to 700 cases a year..

Grab the pitch forks!  Light the torches!  It’s the judges’ fault!

Of course, things are not that simple.

The November 2008 Social Security Forum (published by the National Organization of Social Security Claimant’s Representatives — NOSSCR) also covered this topic:

Staff levels and a myriad other variables are important factors in ALJ [administrative law judge] productivity… Many ALJs ask for more hearings but support staff is overwhelmed and unable to prepare additional cases for hearing. 

Support staff in many government agencies are being cut, overtime is refused, and work days are reduced to 4 days a week.

Judges are not solely responsible for how many cases they can process. From my experience with the Colorado Springs ODAR (Office of Disability Adjudication and Review), everyone is working feverishly to try to get as many cases done as possible. 

What’s wrong with requiring Social Security ALJs to process 500 case a year?

Ultimately, it comes down to this: do you want Social Security hearings to be handled like a sausage factory?

Social Security hearings are the final step in the Social Security disability process where someone will:

• Personally review all the records (many cases have over a thousand pages of medical records); 
• Meet with you; and
• Hear your side before making a decision.  

Hearings are your day in court.  Hearings are a check against the bureaucracy of the Social Security system. Do you really want to make hearings more bureaucratic?

It reminds me of a sign at my mechanics:

We can do the work a) right, b) fast, c) cheap.

Pick two.

Slow pace of Social Security cases laid to judges, staffing – The Oregonian – Special Coverage from The Oregonian – OregonLive.com .