Possible Bias of SSA Judge Against Claimant Borders on Violation of Due Process

"This is, this is mind boggling to me. This is - I don't even see a closed (sic) case. It's mind boggling to me that this went up on Appeal and got remanded. I'm going to write a better decision this time and if there is new stuff in the medical evidence I'll decide in your favor if it shows that. I don't see any evidence whatsoever that would indicate that you're a disabled person. And that fact that you would think that you are is the thing that just blows my mind."


Such was basically the opening lecture of the SSA Administrative Law Judge (ALJ) to a young woman appearing for the second time before him on her claim for disability benefits. A SSA Judge, who for all intent and purposes, is supposed to be fair, open and unbiased toward claimant's in a system that is not supposed to be adversarial in the least.

Such open animosity by a federal SSA Judge was startling both to myself and the young woman as we appeared before this ALJ in southeast Oklahoma. We were once again appearing before the same ALJ after another Federal Court Judge had agreed with our arguments and overruled the ALJ's prior denial of the woman's claim for disability. Apparently, having his prior denial overturned by a Federal Court was not at all pleasing to this ALJ. At this second SSA hearing the ALJ was quite obvious, even before any evidence was entered or testimony was taken, that he had no intent to let this young woman win her disability claim on his watch.

At least so he thought. After once again issuing another decision once again denying her disability benefits, we once again did not hesitate to file another appeal in Federal Court, this time among other arguments, alleging direct bias of this ALJ against this particular young woman.

This time, before a different United States Federal Judge, the Federal Court once again has issued another Order recommending that the denial by this ALJ be reversed and remanded.

Directly quoting the above statement of the ALJ, the Federal Court found such a statement by the ALJ as "certainly ill-advised". While overruling the ALJ on other evidentiary matters, the Federal Court openly expressed concern that "this or any ALJ would seemingly predispose" this case and that "[s]uch conduct could border on a constitutional deprivation of due process" and is to "be avoided in the future."
Social Security proceedings are inquisitorial rather than adversarial. It is the ALJ's duty to investigate the facts and develop the arguments both for and against granting benefits. A hearing before an ALJ is not an adversary proceeding and the ALJ has an obligation to develop a full and fair record. The regulations governing social security claims dictate that "[a]n administrative law judge shall not conduct a hearing if he or she is prejudiced or partial with respect to any party or has any interest in the matter pending for decision." 20 CFR Sec. 404.940 Every disability claimant is entitled to a SSA hearing that is both full and fair.

No person appearing before a social security judge should allow themselves to be subjected to a judge who is openly prejudiced or pre-disposed in the matter pending for decision. Such conduct by a social security judge borders on a constitutional deprivation of due process for any such claimant.

Trying to understand the laws and regulations surrounding disability benefits can be incredibly confusing for the layman. It's almost impossible unless you have devoted your education and career to understanding this specific niche. If you want to cut through the all the confusing obstacles that stand in your way, give the offices of James R. Linehan a call as soon as possible. If too much time passes, you could miss out on your Social Security Disability, Federal Workers Compensation OWCP, or OPM medical retirement benefits.

Federal Medical Disability Retirement: Your Basic Rights? Better....

Federal Medical Disability Retirement is a program similar to social security disability, for federal employees. It is overseen by the Office of Personnel Management so is commonly referred to as OPM disability.

OPM disability is for those federal employees who due to disease or injury, or combinations of both, can no longer perform their assigned job and their federal employer cannot accommodate or re-assign them elsewhere.

Claims for OPM disability are filed by the employee through their personnel office. If denied, then the employee has the right to appeal his claim for benefits to the Merit System Protection Board (MSPB).

If denied by the MSPB the employee then has the right to appeal his claim to the federal court system, specifically the US Federal Circuit Court of Appeals.

OPM claims are more and more being processed on-line, and in fact the OPM and MSPB actively encourage claims to be processed on-line to speed up the claims process.
Thus, depending on the facts, OPM claims can commonly be completed in as few as 6 months, but average at least a couple of years for most claims.

OPM benefits, once awarded, are paid as an annuity and are fully taxable.

Federal Worker's Compensation: Your Basic Rights? Few to None...

Illegal workers who are injured on their illegal job in the US can by prior ruling of the Supreme Court proceed to American courts for compensation for their job injuries. But for millions of American civilians working for the United States who are similarly injured, diseased or even killed on their job, they are strictly barred and prohibited by US federal law from those exact same basic rights.

Federal employees in America commonly include postal workers, military base civilians, members of federal grand juries, ROTC, Peace Corps, Congressional office staff, Federal judges and their staffs, and the list goes on and on.

If you are one of the millions of American civilians injured, sickened or even killed while working for the United States, you have far fewer rights than those that are routinely granted to illegal immigrants who are similarly injured while working illegally in the US.

Federal law specifically bars you from any right to have your injury claim heard or reviewed or appealed to any court of law in the United States, or for that matter, even reviewed by any "official" of the United States. Title 5 USC 8123

The Federal Employees' Compensation Act expressly limits your rights to compensation to filing a claim with US Department of Labor Office of Workers' Compensation Programs. (OWCP). In the OWCP process, the Secretary of Labor, a political appointee, holds full and final authority over your claim and has complete and final discretion as to when, what and if anything, you are going to receive in compensation for your injury. The Secretary is under no established timeline as to when, if ever, he must review your claim, and once reviewed, his decision in the long run is reviewable only by himself. The Secretary, at his own discretion, and at any time, may end, decrease or increase any compensation previously awarded to you by his office.

The USDOL OWCP currently abhors and actively discourages any sort of on-line filing of claims or any attempt to contact the USDOL by means other than paper placed in the US snailmail. Thus claims for much needed compensation can literally take years if not decades to be procssed fully by the USDOL.