POTUS has stripped all Administrative Law Judges (ALJ) of Civil Service Protection. They now have no job security.

DID SOMEONE SAY “DRAIN THE SWAMP”?Effective July 10, 2018 ALJs no longer have Civil Service Protection against wrongful termination or removal at will by their Agency Head.
Also, ALJs will no longer be selected or appointed by competitive examinations.
All Federal ALJs can now be fired at will or removed from office by the Agency Head where they are employed.
They have no right to “Due Process” or a NLRB Hearing on-the-record. This is a major blow to their Judicial Independence. They can now be told when and where to hold Hearings by GS-3 Agency Clerks. Moreover, they can be ordered to hold a specific number of Hearings per week or month. This amounts to a Quota. In point of Fact, they can be told what the expected Decision should be in a particular Case. This will reduce Judges to rubber stamps for bureaucratic Supervisors.
This could be the first step in a well planned move to abolish the Position of ALJ and all Senior Executive Level Legal Positions and their Support Groups.
That could conceivably eliminate about 2,000 GS-15 and GS-16 Positions.
The first step is simply to take away their Job Security, which are primarily their Civil Service Protections. These include Due Process Rights, and a Hearing On The Record.
The second step could be to take away their Jurisdiction. Remove their Authority to hear particular types of cases. Transfer their job duties to someone else, such as a Senior Staff Attorney, or a Paralegal.
The third step would be to eliminate their Position, all together. With no job duties, there is no need for the Position.
When the Social Security Administration (SSA) recently eliminated The Treating Physician Rule, the immediate effect was to increase the BACK LOG of Disability Cases waiting for a Hearing, and to lengthened the time for Claimants to receive a Decision on their Disability Claim.
It now takes an average of over 2 years to get a Hearing before an ALJ if a Claimant Appeals a Denial Decision from the State Disability Determination Service (DDS). Also, it takes 6 months or more after a Hearing to receive a Decision. A Claimant does not know whether he won or lost his Appeal until 6 months after the Hearing. Claimants have been known to die or commit suicide waiting to hear what the Decision was in their Case.
President Trump has devised one sure way to wipe out the Hearing BACK LOG. He will get rid of the ALJs. Eliminating the requirement for a Hearing would streamline the Disability Decision Making Process.
However, eliminating the Hearing Requirement is the biggest obstacle to eliminating the Position of ALJ.

A Senior Attorney or a Paralegal can perform all of the duties of an ALJ, except for holding a Hearing.
If the Government can deny Disability Claims without a Hearing, there is no need for an ALJ.
The big issue is whether Disability Insurance Benefits are Personal Property? American citizens who pay Social Security Taxes have a social contract with the Government. Does that amount to a Property Interest?
The Government cannot take Property without Due Process. That requires a Formal Hearing on the Record pursuant to The Administrative Procedures Act (APA).
If the Government uses Senior Attorneys , and later ParaLegals to decide Disability Claims, it will be cheaper and Processing Times will be shorter.
A Lawyer can process the Claim in a few hours. That would eliminate the 2 year wait to get a Hearing. The Back Log would disappear forever.
ALJ salaries are about 60% of the SSA Budget. ALJs make $167,000.00 a year. A GS-9 Lawyer makes about $55,000.

Claimants will still be able to appeal unfavorable Decisions. Many cases reach Article 3 Courts, even with ALJs in the Appeal Process. ALJs are Article 2 Judges. They are in the Executive Branch Of Government. Article 3 Courts are Under The Supreme Court.
Trump will save $millions, and lower The Deficit.
When POTUS stripped all Administrative Law Judges Of Civil Service Protections he surprised a lot of the Members Of The Deep State.
ALJs can now be fired at will or removed from office by the Agency Head where they are employed.
They have no right to “Due Process” or a NLRB Hearing on-the-record.
For years the SSA Association Of Administrative Law Judges (AALJ) has lobbied Congress to remove SSA’s ALJs from under the authority of the SSA Commissioner.  SSA ALJs have their own union, the AALJ.

All ALJs pay Union Dues. These Dues are used to pay Professional Lobbyists on behave of theALHs.
There is an Old Saying goes “Be careful what you wish for; it might come true”.
Well, it now appears that the SSA ALJs can be fired at will by the Commissioner of Social Security. In the past it took 2 years to remove an ALJ because of Civil Service Protections. With one stroke of a pen, POTUS has stripped them of all job security.

A Wilmer Cutler Pickering Hale and Dorr Partner, Attorney Ronald Machen served for over five years as the United States Attorney for the District of Columbia. He was also the Appellate Defense Counsel for Coast Guard Academy Cadet Webster Smith, who was the first cadet to be punished by court-martial at the Coast Guard Academy. The Case was appealed all the way up to the United States Supreme Court, but the Fix was in.

(Above Ronald C. Machen, a Partner at Wilmer Cutler Pickering Hale and Door, was the Appellate Defense Counsel for Coast Guard Academy Cadet Webster Smith, the first cadet to be punished by court-martial at the Coast Guard Academy in 2006. Cadet Webster Smith is an African American Black.)

A former Social Security Administration (SSA) Administrative Law Judge (ALJ) pleaded guilty on  May 13, 2017 to taking more than $609,000 in bribes from a disability lawyer who called himself “Mr. Social Security.”

The former judge, ALJ David Black Daugherty, 81, of Myrtle Beach, South Carolina, pleaded guilty to two counts of receiving illegal gratuities, according to a press release from the U.S. Department of Justice and stories by the Washington Times and the Lexington (Kentucky) Herald-Leader.

Daugherty, who heard cases in West Virginia, was accused of taking payments to make favorable rulings in more than 3,100 cases for clients represented by Kentucky lawyer Eric Conn, obligating the government to pay more than $550 million in lifetime disability payments.

Conn, who once called himself “Mr. Social Security,” pleaded guilty in March. He is scheduled to be sentenced in July, according to the Herald-Leader.

Daugherty admitted he sought out Conn’s cases, told him what type of medical evidence to submit, and awarded benefits without holding hearings. Daugherty accepted the illegal payments between November 2004 to April 2011, according to the press release.

The government is holding new hearings to determine whether the claimants in the cases are entitled to benefits. More than half of the applications have since been disapproved, according to the Washington Times. Many have unfortunately committed suicide.

The actual payout by the Social Security Administration in the cases was $46.5 million, an amount that Conn promised to pay the government. He also promised to pay $5.7 million, representing the fees he earned in the cases.

Daugherty has agreed to pay the government $609,000. He is scheduled to be sentenced on Aug. 25. The charges carry a maximum prison sentence of four years, according to the Herald-Leader.

Charges are still pending against a psychologist accused of falsifying mental impairment evaluations.

(By Debra Cassens Weiss)

Granny Kills and Steals; She Killed Husband, Then Collected His Social Security Benefits

A federal grand jury indicted Opal Elaine Tillman in April 2017 for fraudulently claiming nearly $168,000 in Social Security widow’s benefits on the death of a husband she killed, announced Acting U.S. Attorney Robert O. Posey . A six-count indictment filed in U.S. District Court charges Opal Elaine Tillman, 71, with five counts of wire fraud for causing the SSA to wire benefit payments, which Tillman was not entitled to receive, to her account at Regions Bank in Jefferson County between May 2012 and September 2016. Count Six of the indictment charges Tillman with theft of government property for stealing more than $100,000 from the SSA. The indictment seeks to have Tillman forfeit $167,830 to the government.
According to the indictment, Tillman was convicted in Alabama in June 1988 for killing her husband, Walter R. Tillman, on March 1, 1987. The month he died, Opal Tillman applied for Social Security Title II benefits on her husband’s work record. Title II benefits encompass old age, survivor and disability insurance payments. In her application Tillman wrote a statement acknowledging that she understood that “if I am convicted of felonious homicide any social security monies I receive on Mr. Tillman’s Social security record will constitute an over-payment and I will be liable to repay this money,” according to the indictment. She then requested monthly benefits for her and her children to begin as soon as possible.
While Opal Tillman was in prison in November 1988, the SSA notified her of an over-payment of benefits and explained: “A person who has been convicted of the felonious and intentional homicide of a wage earner cannot be entitled to monthly benefits, underpayments, or the lump-sum death payment on the earnings record of that wage earner,” according to the indictment.
Opal Tillman was released from prison into the Jefferson County Community Corrections Program in December 1996.
In October 2009, she applied by telephone to the SSA for widow’s benefits on the work record of Walter Roderick Tillman, according to the indictment. Opal Tillman provided her deceased husband’s Social Security number, dates of birth and death, and verification of their marriage for the application, the indictment charges.
Opal Tillman began receiving benefits Nov. 9, 2009, on the work record of the man she killed, according to the indictment. The monthly benefits continued until Sept. 14, 2016.
The maximum penalty for wire fraud is 20 years in prison and a $250,000 fine. The maximum penalty for theft of government property is 10 years in prison and a $250,000 fine.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

In an unrelated case, Opal Elaine Tillman was arrested in 2015 on charges that she stole stole more than $60l,000 from an elderly couple she was supposed to be caring for. In that case, she pleaded guilty last month to financial exploitation of the elderly and was sentenced to 10 years in prison with 18 months to serve.
While Tillman was in prison in November 1988, the SSA notified her of an overpayment of benefits. They explained to her, “A person who has been convicted of the felonious and intentional homicide of a wage earner cannot be entitled to monthly benefits, underpayments, or the lump-sum death payment on the earnings record of that wage earner.”
Tillman was sentenced to 35 years in prison for her husband’s death, but in December 1996 was released from prison into the Jefferson County Community Corrections program.
In 2009, federal authorities say, she applied by telephone to the SSA for widow’s benefits on the work record of her dead husband. For the application, she provided his Social Security number, dates of birth and death, and verification of their marriage. She began receiving those benefits on Nov. 9, 2009 on the work record of the man she killed, according to the indictment. Those monthly payments continued until Sept. 14, 2016.
The maximum penalty for wire fraud is 20 years in prison and a $250.000 fine. The maximum penalty for theft of government property is 10 years in prison and a $250,000 fine.

“I think there is a special place for people that take advantage of our senior citizens,” Chief Deputy Randy Christian said of Opal Elaine Tillman’s arrest.

Two years ago, Tillman was working as a housekeeper and caregiver for an elderly Jefferson County couple. The Jefferson County Sheriff’s Office received a complaint that she had stolen cash and property from an 87-year-old woman and her husband.
Family members told investigators they had noticed several suspicious transactions on the victims’ checking account. Tillman had been working as a housekeeper for the victims in 2011 on a part-time basis, but had taken on more responsibilities as the wife’s health declined.
In all, authorities said, Tillman stole more than $60l,000 from the couple. “I think there is a special place for people that take advantage of our senior citizens, most especially those placed in a position of trust,” Jefferson County sheriff’s Chief Deputy Randy Christian said at the time.
Tillman pleaded guilty to those charges on April 4, 2017. She is currently listed as an inmate at Julia Tutwiler Prison for Women. Her parole on the murder charge has been revoked. Her minimum release date is 2023, but she will come up for a parole hearing next year on the state charges.
A trial date on the new, federal charges has not been announced.

Inequality, class and life expectancy in America

15 February 2016

A study by Brookings Institution economists released Friday documents a sharp increase in life span divergences between the rich and the poor in America. The report, based on an analysis of Census Bureau and Social Security Administration data, concludes that for men born in 1950, the gap in life expectancy between the top 10 percent of wage earners and the bottom 10 percent is more than double the gap for their counterparts born in 1920.

 (DISCLAIMER: I neither agree nor disagree with the social or political philosophy expressed in this article. It is presented merely to disclose the underlying factual basis of the arguments put forth. The Facts and the Statistics speak for themselves.)

For those born in 1920, there was a six-year differential between rich and poor. For those born in 1950, that difference had reached 14 years. For women, the gap grew from 4.7 years to 13 years, almost tripling.

Overall, life expectancy for the bottom 10 percent improved by just 3 percent for men born in 1950 over those born in 1920. For the top 10 percent, it soared by about 28 percent.

Life expectancy for the bottom 10 percent of male wage earners born in 1950 rose by less than one year compared to that for male workers born 40 years earlier—to 73.6 from 72.9. But for the top 10 percent, life expectancy leapt to 87.2 from 79.1.

The United States ranks among the worst so-called rich countries when it comes to life expectancy. But its low ranking is entirely due to the poor health and high mortality of low-income Americans. According to the Social Security Administration, life expectancy for the wealthiest US men at age 60 was just below the rates for Iceland and Japan, two countries with the highest levels. Americans in the bottom quarter of the wage scale, on the other hand, ranked just above Poland and the Czech Republic.

Life-expectancy is the most basic indicator of social well-being. The minimal increase for low-income workers and the widening disparity between the poor and the rich is a stark commentary on the immense growth of social inequality and class polarization in the United States. It underscores the fact that socioeconomic class is the fundamental category of social life under capitalism—one that conditions every aspect of life, including its length.

The Brookings Institution findings shed further light on the catastrophic decline in the social position of the American working class. They follow recent reports showing a sharp rise in death rates for both young and middle-aged white workers, primarily due to drug abuse, alcoholism and suicide. Other recent reports have shown a dramatic decline in life expectancy for poorer middle-aged Americans and a reversal of decades of declining infant mortality.

It is no mystery what is behind this vast social retrogression. It is the product of the decay of American capitalism and a four-decade-long offensive by the ruling elite against the working class. From Reagan to the Obama administration, Democrats and Republicans alike have overseen a corporate-government assault on the jobs, wages, pensions and health benefits of working people.

The ruling elite has dismantled the bulk of the country’s industrial infrastructure, destroying decent-paying jobs by the millions, and turned to the most parasitic and criminal forms of financial speculation as the main source of its profit and private wealth. Untold trillions have been squandered to finance perpetual war and the maniacal self-enrichment of the top 1 percent and 0.1 percent.

The basic infrastructure of the country has been starved of funds and left to rot, to the point where uncounted millions of people are being poisoned with lead and other toxins from corroded water systems. Flint, Michigan is just the tip of the iceberg.

Under Obama, this social counterrevolution has been intensified. The financial meltdown of 2008 has been utilized by the same forces that precipitated the crash to carry through a reordering of social relations aimed at reversing every social gain won by the working class in the course of a century of struggle. A central target of the attack is health care for working people.

Obamacare is the spearhead of a worked-out strategy to reduce the quantity and quality of health care available to workers and reorganize the health care system directly on a class basis. Corporate and government costs are to be slashed by gutting employer-paid health care, forcing workers individually to buy expensive, bare-bones plans from the insurance monopolies, and rationing drugs, tests and medical procedures to make them inaccessible to workers.

The rise in mortality for workers and the widening of the life span gap between rich and poor are not simply the outcome of impersonal economic forces. In corporate boardrooms, think tanks and state agencies, the ruling class is working to lower working class life expectancy. In late 2013, the Center for Strategic and International Studies, a Washington think tank with the closest ties to the Pentagon and the CIA, published two policy papers decrying the “waste” of money on health care for the elderly. The clear message was that ordinary people were living much too long and diverting resources needed by the military to wage war around the world.

The social and economic chasm in America finds a political expression in the vast disconnect between the entire political establishment and the masses of working people. Neither party nor any of their presidential candidates, the self-described “socialist” Bernie Sanders included, can seriously address the real state of social conditions or offer a serious program to address the crisis.

In his final State of the Union Address last month, Obama presented an absurd picture of a resurgent economy. “The United States of America, right now,” he declared, “has the strongest, most durable economy in the world… Anyone claiming that America’s economy is in decline is peddling fiction.”

In the race for the Democratic presidential nomination, Hillary Clinton and Sanders are seeking to outdo one another in seizing the mantle of the Obama administration and praising its supposed social and economic achievements.

They cannot address the real conditions facing the masses of working people because they defend the capitalist system, which is the source of the social disaster. The remedy must be based on an understanding of the disease. It is the building of an independent socialist and revolutionary movement uniting the entire working class, in the US and around the world.

(Barry Grey, World Socialist Web Site)

(DISCLAIMER: I neither agree nor disagree with the social or political philosophy expressed in this article. It is presented merely to disclose the underlying factual basis of the arguments put forth. The Facts and the Statistics speak for themselves.)