Quite some time now Social Security had indicated that it would be hiring up to 250 new Administrative Law Judges (ALJs) in an effort to ease the backlog of disability cases that have been waiting for a hearing. The good news is the process to hire these ALJs has begun, but it will still be quite some time before these judges are in place handling full caseloads and the backlog should not significantly change anytime soon.
The Office of Personnel Management and Budget (OMB) recently opened the application process to consider new ALJs. The application process is expected to be open until April 8. During previous opportunities where the OMB has opened the application process for ALJs as many as 1,000 applications were submitted in just a day or two. Considering the position’s salary range is between $122,355 and $170,400 annually, it is not difficult to understand why so many applications are submitted for a position like this.
Qualifications
The OMB indicates there are two preliminary qualifications to be considered as a new ALJ. The first qualification is that the applicant possess a full seven years of experience as a licensed attorney preparing for, participating in, and/or reviewing formal hearings or trials involving litigation and/or administrative law at the federal, state or local level. The second preliminary qualification is that the applicant possess a professional license and is authorized to practice under the laws of the state, District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution.
After meeting the preliminary requirements the OMB will assess components in the areas of experience, licensure and complete a through “competitive examination.” This competitive examination involves reviewing questionnaires and evaluating applicants on the basis of: decision making; interpersonal skills; judicial analysis; judicial decisiveness; judicial management; litigation and courtroom competence; oral communication; problem solving; professionalism; reasoning; self management; and writing.
There are several tests that an applicant will be subjected to in an effort to analyze these qualifications including an online Situational Judgment Test (SJT), writing sample and experience assessment. Finally the OMB asks for a written demonstration from applicants a Logic-Based Measurement Test (LBMT) and finally an in-person interview.
Duties
Before an ALJ applicant throws their hat into the ring to be considered it is a good idea to learn about what an ALJ actually does. These types of judges are ruling in the area of administrative law. The specific duties include:
- Conducting formal hearings where all interested parties are given the opportunity to submit facts, arguments and proposals and all parties have the right to be represented by counsel or by other qualified representatives.
- It is the ALJs responsibility to rule on preliminary motions, conduct pre-hearing conferences, issue subpoenas, administer hearings and rule on the inclusion or exclusion of evidence.
- One of the most important duties of an ALJ, at least ALJs within the Social Security Administration, is to prepare and issue decisions. These decisions must include findings of fact and conclusions of law and must be supported by the evidence submitted. In relation to Social Security disability hearings, the ALJ has an enormous amount of responsibility in deciding whether a claimant has or has not met the disability standard. Here is hoping that the process of selecting new ALJs at the Social Security Administration is a process that is not delayed so that the new ALJs can begin to help the huge hearing backlog at Social Security. To learn more about the application process click here.
