The President of the Association of Administrative Law Judges published a column in the NY Times on Monday in which he climbs on the anti-social security disability applicants bandwagon. Among other things, he decries the inability of judges to use Facebook or to have a psychologist paid by SSA evaluate mental health.
Neither of his claims is correct.
A claimant whom I represent was the subject of an investigation that extensively photographed her Facebook site and submitted this “evidence” to the judge. Another claimant who I represent, despite having an opinion from her longtime treating psychiatrist, will be evaluated by an “independent” psychologist at her upcoming hearing. Both of these occurred at the request of the assigned judge.
It’s time to focus on the real problem: disabled folks who wait over two years to have a hearing, only to face hostile, cynical and bullying judges. Not all administrative law judges are like this. We are fortunate in Portland to have many judges who are absolutely courteous and professional. But when a client is subjected to something other than that, a fundamental injustice has occurred.