I used to think, maybe in society we are all taught to think, that lawyers and judges are very smart and tend to be fair. Being an SSVE for several decades as well as VE in other forensics has left me concluding that law school must not really be all that difficult. Stuff they would say after and between hearings was often remarkably unkind, illustrating a basic lack of understanding of fundamental mental health and addiction and sometimes very sexist. I had one dolt ALJ ask me to assume that an array of "moderate" limitations should be interpreted using the Webster dictionary, that is that moderate means same as average or normal. I refused to do so saying that was incorrect. New ALJs before I quit SSVE a few years back told me they had been 'trained" as far as hypotheticals which were getting weirder and ever more ridiculously detailed/nonsensical. They would ask me why I said no jobs to ridiculously specific hypotheticals saying VE X or Y, whom they cherished came up with this or that odd occupation and pulled numbers from thin air. I said it was because that VE had no realistic foundation for such, lacked standard credentials, had no placement experience, etc.
That said, most ALJs seemed to be fine folks and tried hard to be kind and fair.
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Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
Certified Rehabilitation Counselor
Board Certified Vocational Expert
Scott Stipe & Associates, Inc.
DBA Career Directions Northwest
4110 SE Hawthorne Blvd
#188
Portland, Oregon, 97214
(503)234-4484
(503)234-4126 fax
email:
sstipe@careerdirectionsnw.comwebsite:
www.careerdirectionsnw.com------------------------------
Original Message:
Sent: 09-16-2022 12:50
From: Michele Erbacher
Subject: Is there a mechanism for feedback to SSA about terrible ALJ's?
Over the years I have seen some questionable behavior. Among the worst, an ALJ who also deemed himself to be a Medical Expert, made inappropriate comments about treating physicians in our area on the Record, and discounted surgeries, therapies, assistive devices as all having been unnecessary. The worst behavior I ever saw was the following:
An ALJ screamed at a claimant whose limitations were caused by psychiatric diagnoses, among these; anxiety with panic disorder, "I'm a Judge, it's very rude to interrupt a Judge, DON'T DO IT AGAIN," at which point the poor woman burst into tears apologized profusely (I think she had interrupted him maybe twice at the most,) and she visibly shook throughout the remainder of the Hearing. No Rep. After the Hearing the ALJ merely sighed, (when it was only me, the Court Reporter and him in the room,) and said, "I'm sorry you had to see that Michele, it's so difficult to be a Judge. (!!!!!) If there was a governing body to which I could have reported him, I would have.
We are merely contractors. We are lower than their legal assistants in some ALJs eyes. Some ALJs consider us nuisances. I wouldn't hold out any hope for us ever to be allowed to give feedback to anyone in the SSA system about ALJs.
Best Regards,
--
Michele Erbacher, MS, CRC, ABVE/F
Erbacher Rehabilitation & Consulting
Cell: (716) 807-6708
Original Message:
Sent: 9/16/2022 11:17:00 AM
From: Renee B. Jubrey
Subject: RE: Is there a mechanism for feedback to SSA about terrible ALJ's?
Thomas,
It will be interesting to see if there is a mechanism, but I doubt it. As a contractor, we serve at their pleasure. I agree there are some ALJs who need constructive criticism (and then some). I've been in hearings where the ALJ was so gruff and condescending they not only brought the claimant to tears, but the atty as well. I believe the atty brought it to the attention of the administration to no avail.
--
Renée B. Jubrey, MS
Certified Vocational Evaluator
Diplomate/American Board of Vocational Experts
RBJ Vocational Experts, LLC
860-707-2220
This message contains information that may be privileged or confidential and is the property of Renée B. Jubrey, MS, CVE, D/ABVE. It is intended only for the person to whom it is addressed. If you are not the intended recipient, you are not authorized to read, print, retain, copy, disseminate, distribute or use this message or any part thereof. If you receive this message in error, please notify the sender immediately at (860) 707-2220, and delete all copies of this message.
Original Message:
Sent: 9/15/2022 1:57:00 PM
From: Thomas Polsin
Subject: Is there a mechanism for feedback to SSA about terrible ALJ's?
SS-VE leadership: is there a way we can provide SSA information on ALJ's? There are times we sure hear about how we perform; it would be nice to have a reciprocal ability. Thanks.
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Thomas Polsin
tapols@gmail.com
Spokane Valley, WA United States
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