SSDI news: The Misuse of “Laptop Law” to Clear the Backlog of Social Security Di

[Guest guest]

Statement by The AALJ National Executive Board on The Misuse

of " Laptop Law " to Clear the Backlog of Social Security Disability

Cases

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WASHINGTON--(BUSINESS WIRE)--Currently the nation's Social Security

disability insurance program is struggling under a severe case

backlog. In some parts of the country, claimants can wait more than

two years for a hearing. According to the Government Accountability

Office the backlog results primarily from increased applications,

staffing shortages and management weaknesses.

The Social Security Administration (SSA) has tried a number of fixes

to speed the process including video hearings. In recent years, these

hearings have been conducted in special chambers located in

government buildings where federal administrative law judges control

the camera and where claimants can discuss the most intimate details

of their lives and disability, without worrying others will hear.

While video hearings are not a perfect solution to the backlog and do

not address the extreme shortage of support staffers required to help

judges research, schedule as well as organize and write decisions,

video hearings up until now have been held in a dignified manner that

guarantees the integrity of the hearing process.

Now, SSA`s management has begun testing a new and until now

unpublicized form of video hearing where judges are not in control of

the camera, where hearings originate from the offices of private

disability lawyers and where no federal employee is present to

monitor the hearing and oversee operation of the camera or protect

the privacy of claimants.

Judges would like to see steps taken to reduce the backlog and more

quickly settle claims, however the use of video hearings originating

from claimants' lawyers laptops is not the solution. Claimants who

have paid into the Social Security system throughout their working

lives have a right to a fair hearing before a judge in a dignified

setting. The new " laptop law " video forum has no provision for the

judge to position or move the camera during the hearing. It deprives

the judge of control of the hearing process and creates too many

opportunities to game the system. It is not hard to imagine a

claimant testifying from his lawyer's office reading testimony from a

teleprompter or being coached by another lawyer in the background.

The Social Security Act and the Administrative Procedure Act require

the judge to control the hearing. These new video hearings, now being

tested, are a serious mistake. Research conducted by Professor Fred

Lederer of the College of and raises serious questions

about both the fairness and effectiveness of court proceedings

conducted in this manner. If the claimant is appearing via video from

his attorney's office, the judge has no way to insure a fair hearing.

Claimants have a right to their day in court and a fair hearing. The

taxpayer needs to have confidence that the Social Security Trust

Funds are being protected. Laptop law and turning over unprecedented

control to claimants' lawyers is wrong and is strongly opposed by the

Association of Administrative Law Judges and our members who serve

the public throughout the United States.

The Association of Administrative Law Judges (AALJ) represents the

1,200 federal administrative law judges employed by the Social

Security Administration. The AALJ is holding its annual professional

education conference this week in Portland Oregon.