Op-Ed

People With Disabilities Foundation (PWDF) Objects to Social Security Administration (SSA) Administrative Appeals Judges (AAJs) Holding Disability Hearings

By Steven Bruce, PWDF Legal Director

The SSA issued a final rule¹ for authority for AAJs to hold disability hearings in what they call a national hearing office in Falls Church, Virginia. Although it is too late for comments, PWDF strongly objects to the Appeals Council (AC) judges (the AAJs) holding hearings in this new National Hearing Office at the AC because the AC is a political arm of the administration. The AAJs will write whatever they are told to write, as opposed to being an independent, neutral administrative law judge (ALJ) with a lifetime appointment.

I personally have been aware of this ever since I was a senior attorney in the 1980s at the Office of Hearing and Appeals for Health and Human Services SSA component. It is absolutely true that the AC will either rubber stamp the ALJ decisions being appealed, or it can work the other way; e.g., if someone is either litigating against them for discrimination based on disability or has other cases, they will reverse an ALJ affirmation, meaning unfavorable. Some AAJ orders say: “Claimant’s attorney states . . ., therefore, he is correct,” thereby ruling for the claimant in the hope that the attorney will not push a discrimination case. In other words, regardless of the evidence and merits of the case, they will write it unfavorably and rubber stamp the decision without review or write it favorably, depending on the political reasons of the SSA.

We therefore object to having this component of the SSA, the AC (AAJs), hold hearings rather than the ALJs. Except when the administration exerts pressure on an ALJ, the ALJs, at least in theory, will give a fair and neutral decision, as opposed to the reality that the AC is the political arm of the administration.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE and Commission of Rehabilitation Counselor Certification.