Last year, a federal appellate court rejected a lawsuit by Social Security Administration (“SSA”) Administrative Law Judges (“ALJ’s”) that had challenged the SSA’s requiring ALJs to decide between 500 and 700 cases annually. The court said that while some ALJs might dismiss more cases than they would have preferred to do, the increased caseload did not interfere with decisional independence.
Last year, ALJ Weiss dismissed an SSD case that did not even address the findings and opinions from the primary treating physician, a psychiatrist. The decision was so contrary to the ALJ’s typically cogent decisions that my appeal comments stated:
“Presumably, the ALJ had a quota to meet, and had somebody else write the Decision for him, which he never bothered to review.”
It appears that my supposition was correct. The Appeals Council remanded the claim for reconsideration of the psychiatrist’s opinion. The ALJ approved the claim today without an additional hearing based on the psychiatrist’s findings and conclusions, which shows the ALJ would have approved the claim initially had he been able to spend more time on it.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou