Misconduct By An Alj

[Josephine]

I contacted this agency for my daughter.No charge for the service. She had an unfair Judge at her hearing. 


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MISCONDUCT BY AN ALJ

If you think you have been treated poorly during a hearing by an Adminstrative Law Judge, SSA has set up a Complaint Review Board to handle any allegations of bias, prejudice, or unfair treatment.

This is not an alternative means of objecting to an Administrative Law Judge's

unfavorable decision.

And, if you appeal a negative decision by an ALJ, the appeal will be delayed until the misconduct allegation is resolved.

Nor can this action be used to remove an ALJ from hearing a case.

Ostensibly, the compaint review board is to be independent of SSA.

In order to avoid the charge that the foxes are guarding the chickens.

Since this board is new, it is impossible to make a judgement about its effectiveness.

The CRB is made up of a combination of two ALJ'S from SSA'S staff, a retired ALJ

or retired Federal Judge, and two Attorneys, one of whom may have an active practice with the SSA Legal issues.

The other Attorney will not be connected in any way with SSA Law.

The terms of all members are limited to two years.

Actions that CRB are permitted to take are requirements that the AJL undergo

counseling, training, or monitoring.

CRB may also issue a formal reprimand, and or ask for removal suspension, reduction in grade, or reduction in pay depending upon the boards estimation

of the degree of wrong doing by the ALJ.

Allegations of Misconduct should be sent to:

George Lowe, Special Counsel

Division of Field Practices and Procedures

5107 Leesburg Pike, Room 1605

Falls Church, Virginia 22041

Telephone:

703- 605- 8250

Send your letter by Certified Mail, Return Receipt.

Write on the outside of the envelope :

"DO NOT OPEN IN MAIL ROOM".

Edited December 24, 2009 by Josephine

[Pete53]

Thanks Josephine

[Josephine]

Pete,

I would have scanned, but no success.

My daughter fought the system for 5 years.

She was awarded her benefits by the Judge, only one catch, he had SSA pay her lawyer and withheld her retro and all of her monies, for he wanted her to be investigated by his special team, because he felt that her working in her flower garden did not warrant her disabled for Bi-Polar.

The next catch was there was no Investigated Team in place at the time of his decision.

I had the Social Security Handbood and just happen to spot this page. I called them first and sent them the details, she had her retro within 10 days.

There was no charge for the service.

Have a Wonderful Holiday, Pete, you are the Best.

Betty

[jerrbilly]

Is this soley for SSA or can I use this for VA too?

If not, does anyone know of a contact for sending in a complaint regarding the VA?

Thanks, Jerr

I contacted this agency for my daughter.No charge for the service. She had an unfair Judge at her hearing. 


I am sorry my Avatar is showing what I am typing. I have no browser.

MISCONDUCT BY AN ALJ

If you think you have been treated poorly during a hearing by an Adminstrative Law Judge, SSA has set up a Complaint Review Board to handle any allegations of bias, prejudice, or unfair treatment.

This is not an alternative means of objecting to an Administrative Law Judge's

unfavorable decision.

And, if you appeal a negative decision by an ALJ, the appeal will be delayed until the misconduct allegation is resolved.

Nor can this action be used to remove an ALJ from hearing a case.

Ostensibly, the compaint review board is to be independent of SSA.

In order to avoid the charge that the foxes are guarding the chickens.

Since this board is new, it is impossible to make a judgement about its effectiveness.

The CRB is made up of a combination of two ALJ'S from SSA'S staff, a retired ALJ

or retired Federal Judge, and two Attorneys, one of whom may have an active practice with the SSA Legal issues.

The other Attorney will not be connected in any way with SSA Law.

The terms of all members are limited to two years.

Actions that CRB are permitted to take are requirements that the AJL undergo

counseling, training, or monitoring.

CRB may also issue a formal reprimand, and or ask for removal suspension, reduction in grade, or reduction in pay depending upon the boards estimation

of the degree of wrong doing by the ALJ.

Allegations of Misconduct should be sent to:

George Lowe, Special Counsel

Division of Field Practices and Procedures

5107 Leesburg Pike, Room 1605

Falls Church, Virginia 22041

Telephone:

703- 605- 8250

Send your letter by Certified Mail, Return Receipt.

Write on the outside of the envelope :

"DO NOT OPEN IN MAIL ROOM".

[free_spirit_etc]

Is this soley for SSA or can I use this for VA too?

If not, does anyone know of a contact for sending in a complaint regarding the VA?

Thanks, Jerr

Yes. This would be a specific address to send specific complaints to Social Security - specifically complaints alleging misconduct / bias by an ALJ. This is different than disagreeing with the Hearing decision. And it is different than complaining about other actions of the agency.

As far as the VA, I am sure they have a process too - but it most likely depends on what the nature of the complaint is, and who the complaint is about.

I know Josephine can tell you more about the "Complaint clicker" on the VA website. This would be used to issue "in house" types of complaints - where the VA, itself, would handle it. But as the VA is a Federal Agency, they should have procedures in place for processing various types of complaints. I would think most of them would involve the OIG, or going through a Senator / Representative.

[free_spirit_etc]

VA complaints:

http://www4.va.gov/oig/contacts/hotline.asp

Help VA'S Secretary to ensure the integrity of departmental operations by reporting suspected fraud, waste or abuse in VA programs or operations.

Call the VAOIG Hotline toll-free at 1-800-488-8244

[8:30am–4:00pm Eastern Time Monday–Friday excluding Federal holidays]

You may also contact us by mail, e-mail and FAX:

Write the VAOIG Hotline:

VA INSPECTOR GENERAL HOTLINE (53E)

P.O. BOX 50410

WASHINGTON, DC 20091-0410

E-mail the VAOIG Hotline: vaoighotline@va.gov

FAX the VAOIG Hotline: (202) 565-7936

Before contacting the Hotline, please read the following information which includes important information such as who to contact for matters outside the VAOIG's jurisdiction, confidential/anonymous complaints, and what information to include in your complaint:

What information should be included in Hotline complaints?

The complaint should include sufficient information for the OIG to determine whether the complaint warrants review or investigation by the OIG, such as:

* The particular VA facility or office involved.

* The identity of the wrongdoer(s) and victim(s).

* The alleged legal or policy violation(s) or other misconduct.

* The effect of the wrongdoing, such as dollars lost, delay produced, etc.

* The date(s) when the event(s) occurred.

* The identity of any witness(es) to the event(s).

* Copies of relevant documents that support the allegation.

* Whether anyone else has already reviewed the allegation.

* An address and telephone number of a named complainant and whether the complainant wishes confidentiality.

The Hotline accepts complaints concerning criminal activity, waste, fraud, abuse, and mismanagement involving VA programs and operations, such as:

* Employee misconduct.

* Patient abuse.

* Serious safety violations.

* Theft from VA beneficiaries.

* Theft or misuse of Government property.

* False claims by beneficiaries, claimants, patients, employees, or contractors.

* Systemic problems with VA programs or operations.

* Gross waste of funds or official time.

What types of common complaints are not accepted by the VAOIG Hotline?

The Hotline does not accept complaints that are unrelated to programs and operations of the Department of Veterans Affairs nor that are addressed in another legal or administrative forum:

Type of Complaint - Who You Should Contact

Claim for VA disability and pension benefits, and ratings, appeals, or home loan issues Veterans Benefits Administration 1-800-827-1000

Claim for VA education benefits - Veterans Benefits Administration 1-888-442-4551

Patient health care dispute - Patient Advocate at your local VA medical facility

Tort claim or other legal issue/case/claim - Local VA Regional Counsel office 202-273-6660

Litigation matters - Private counsel; applicable court

Whistleblower retaliation issues - U.S. Office of Special Counsel 1-800-872-9855

Whistleblower disclosures not related to the VA - U.S. Office of Special Counsel 1-800-872-2249

Discrimination and EEO complaints for VA employees, former VA employees, and applicants for VA positions - VA Office of Resolution Management 1-888-737-3361

Discrimination and complaints related to the Uniformed Services Employment and Reemployment Rights Act (USERRA) - U.S. Department of Labor's Veterans' Employment and Training ServiceU.S. Office of Special Counsel

Disagreement with law or other political dispute -Your elected legislative official