Social Security Disability Judge Job Description Changes

social security disability judge

If you are considering applying for Social Security disability benefits, it is important to know the role a disability judge plays. Social Security judges have had rigorous caseloads for years, with many creating a significant backlog as a consequence. According to The Wall Street Journal, the Social Security Administration (SSA) is conducting a comprehensive reexamination of how judges reward disability benefits. The changes include altering job descriptions to give officials increased authority to oversee courts presided over by a disability judge. Job descriptions currently contain the terminology “complete individual independence,” which creates challenges for the SSA. The Journal reports the phrase will no longer be included in disability judge job descriptions. Further, new wording will make it clear that judges are subject to supervision by the agency. Approximately 1,500 administrative judges may be affected by the alterations.

Disparities in Disability Judge Rulings Triggered Previous Review in 2011

This isn’t the first time disability judges have come under scrutiny. The changes came after wide disparities in disability judge rulings were revealed during recent reviews. The Journal reported that in 2011 it was found that dozens of judges ruled for Social Security disability benefits in 90% of their cases, while others denied Social Security disability benefits in more than 80% of their cases. The agency then tightened its enforcement as a result of disparities between these judges. Judges only awarded benefits in 67% of their cases in 2010, the Journal reported. That number fell to 56% the following year.

“The allowance rate right now is probably at a 40-year historic low,” Glenn Sklar, deputy commissioner for the SSA, said at a congressional hearing in November, according to the Journal.

The LegalTimes blog noted two congressional committees examined how SSA judges rule on disability claims and how SSA leadership disciplined judges through mid-2011. One case made during the hearing is that some judges don’t take accountability for their actions, while others are hardworking and stick to the rules. According to the blog, the administration disciplined 58 disability judges between 2007 and 2011 for numerous reasons. The most common reason judges faced disciplinary measures? Failing to rule on enough cases.

Will These Changes Also Influence SSDI Applicants?

For disability applicants, increased scrutiny of judges may be both positive and negative. While improving judge discipline can ensure disabled people receive benefits, it may also cause more judges to be terminated. The number of judges declined in recent years, thus creating a backlog of cases. According to the Journal, the recession increased demand for Social Security disability benefits, a program now serving more than 11 million beneficiaries.

In an interview with the Center for Public Integrity, Russell Pulver, a former California-based administrative law judge for the U.S. Department of Labor, said it was increasingly difficult for him to handle his caseload.

“Each year I seemed to hear more cases and be given less help,” Pulver said. “I said, ‘I’m getting no love. I’m not staying around for this.'”

According to the Center for Public Integrity, Pulver voluntarily left his position with the Labor Department and now runs a mediation service. The dwindling disability judge industry leaves many department offices understaffed. This, in turn, increases the wait time for hearings and delayed disability case rulings.

These disability judge job description changes and increased scrutiny may ultimately award more applicants benefits. However, it may also increase case wait times.

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