Posted: Wed Aug 18, 2010 01:29 pm Post subject: The July Forum on the new Disabilty Quality Branch
I just got a copy of the July 2010 Forum. Here's an excerpt:
Quote:
A new branch is being established in Crystal City,
VA, the “Quality Review Branch.” This Branch
will look at ODAR quality review issues at both the
hearing and Appeals Council levels. It will review
favorable and partially favorable hearing decisions,
with the possible expansion to review unappealed
unfavorable decisions and dismissals. [See Chief
Administrative Law Judge’s Memorandum, dated
July 13, 2010, reprinted on pages 14-15.] The
Branch will include ALJs, AAJs, Appeals Officers,
and analysts. It should begin before the end of the
current fiscal year, September 30, 2010.
I can add a bit. Because this is partly based on scuttlebutt, please take this with a grain of salt.
The "analysts" cited above, or at least a considerable portion of them, got hired this week. 47 of them. All from the outside. They're attorney advisors. Or they will be as soon as they pass the bar. They started class this last Monday.
There's as yet no word about whether the 47 newbies will have a leavening of more experienced analysts. Nor has there been any answer to the question that seems to come to mind for most people when they hear of the new hires: what is the thinking behind making 47 people off the street an intergral part of a quality assessment program? Several speculative answers come to mind. These are answers for which I have NO confirmation. But possibly:
1. The new folks will be used for the same style of "document review" that I understand is part of the common job experience for many new law school graduates. So the new folks might be tasked more with data collection than with critical analysis.
2. There might be a much lower than normal ratio of analyst to AO, AAJ, and ALJ than is typically the case. If this ratio low enough—say maybe 3 to 1 instead of the more typical 6 to 1, 12 to 1, or even higher, then inexperience won't be quite the problem it might otherwise be.
3. There might be an expectation that the new hires will be very quick studies. This might be based on the fact that the new hires are law school graduates, typically I understand with impressive resumes.
Or maybe something else for which my imagination fails me.
Joined: 03 Jul 2004 Posts: 61 Location: Cherry Hill, NJ
Posted: Wed Aug 18, 2010 04:27 pm Post subject:
Dr. J,
Maybe I am jes' gettin to be a cynical old coot but seems to meeee.....
The hiring of newbies with no experience in disability adjudication is designed to be certain that "quality" is defined as upper management wants it defined. Take my experience in Quality Control/Field Assessment/Quality Review/Quality Assurance (feel free to pick the title you like- we seem to have reorganized with a new name every 9 months or so). Newly minted college grad trained in 6 weeks to spot the mistakes of caseworkers who had been at the task for years. I didn't understand then the vehemence of the "rebuttal letters" from the field offices. Looking back now, I see why they were so upset. I had absolutely no idea what really went on out there. I just cited the errors that management told me to cite. That just what the "newbies quality police" will be doing, too.
Now, now, there's no need to be quite so Petrucynical. Yet, anyway. Unless these new attorney advisor/analysts are going to be doing something very different that other OAO analysts, they won't be deciding much of anything. They'll only be making recommendations that they will pass to AOs, AAJs, or ALJs. So it's these AOs, AAJs, and ALJs who'd have to be persuaded to any particular view of quality.
This is not to say that your post is the first time I've heard of the same kind of thing you suspect.
BTW, for those members of management who read these things, I'm off the clock all day today. Tomorrow too. Use or lose, you know.
Something else to consider is the recent hiring of AAJs. It seems that the Appeals Council will soon be known as the home of aging former FedRos. And ODAR has now posted for six more...all limited to ODAR employees only. Apparently ODAR does not care that these actions only confirm the long- and widely-held view that the Appeals Council is a body of little weight or merit.
The Executive Director of the Office of Appellate Operations is Judge Patricia A. Jonas. Judge Jonas wears a second hat as the Deputy Chair of the AC. The Chair is the Deputy Director for ODAR. I'm rather inclined to think that it's Judge Jonas who chairs the weekly AC meetings.
I'm quite sure it's under Judge Jonas that we now have an insider newsletter titled the "Executive Director's Broadcast." This semimonthly newsletter is chatty while still being informative.
I'm strongly inclined to believe that nothing that's in a newsletter can possible be sensitive information. The most recent issue, #18, gives some nonsensitive information about the new Quality Review Branches: aside from the 47 analysts mentioned in the headpost, these are to be staffed with 8 Administrative Appeals Judges, 8 Appeals Officers, and 8 Administrative Law Judges. The goal for these new branches is to look at 3500 cases this next fiscal year.
I posted above that a potential offsetting factor for having analysts hired off the street to do quality review is to have a ratio as low as 3 to 1 for adjudicator to analyst. The numbers from the newsletter gives us 2 to 1.
What's more, it sure looks like the plan is to go slow for the first year. In OAO 24 adjudicators would normally be paired up with 12 disability program branches (the DPBs being the units that carry the request for review workload). For 12 branches, 3500 cases would be closer to the workload for a month, not a year.
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