OIG Report: Hearing Office & ALJ Productivity – Posted: 8/26/08

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OIG Report: Hearing Office & ALJ Productivity – Posted: 8/26/08

http://www.nosscr.org/news.html

SSA Commissioner Astrue has made increasing ALJ productivity one of

his key initiatives for eliminating the disability claims backlog,

with a goal of having all ALJs issue 500 to 600 dispositions each

year. In December 2007, the Chairman, Rep. McNulty (D-NY),

and the Ranking Minority Member, Rep. Sam (R-TX), of the

House Ways and Means Social Security Subcommittee, sent a joint

request to the SSA Office of Inspector General (OIG) to review

factors related to ALJ and hearing office performance.

The report has been issued and addresses: (1) factors that affect ALJ

and hearing office performance; (2) ODAR management tools; and (3)

SSA initiatives to increase ALJ productivity. Congressional Response

Report: Administrative Law Judge and Hearing Office Performance, No.

A-07-08-28094 (Aug. 2008).

What were the general conclusions? The average number of dispositions

has increased over the last few years; however, " some ALJs continue

to process cases at levels below Agency expectations. " But low

productivity is not necessarily related to ALJ-specific traits –

factors within the process, outside the control of ALJs, play a role.

Interviews with a number of ALJs and hearing office staff, some

Regional Chief ALJs, and the Chief ALJ disclosed that:

ALJs have varying levels of productivity (both high and low

productivity) for internalized reasons, such as motivation and work

ethic. However, we also identified factors that can impact ALJ and

hearing office productivity and processing times that are part of the

case adjudication process. These factors relate to disability

determination services (DDS) case development, staff levels, hearing

dockets, favorable rates, individual ALJ preferences, and Agency

processes. [Executive Summary to OIG Report.]