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HRD-81-91 1 (1981-06-02)

handle is hein.gao/gaobabclg0001 and id is 1 raw text is: 0 Fcvo '7--47r77Ds, % .pe wde Mae Senor.;alC A,:-Yi u o1 s&cIl c approval UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 HUMAN RESOURCES DIVISION B-203367 JUNE 2,1981 The Honorable Max Baucus United States Senate Dear Senator Baucus: Subject: Social Security Administration Policies for Managing Its Administrative Law Judges (HRD-81-91) On April 3, 1980, you requested that we review several issues concerning whether the Social Security Administration's (SSA's) Administrative Law Judges (ALJs) are required to hear a certain number of cases a year or are limited in the number of reversals they can make. You also requested that we assess the impact on an ALJ's ability to conduct fair and proper hearings if SSA has such policies regarding production and reversal rates. BACKGROUND The Office of Hearings and Appeals (OHA) 1/ administers the hearings and appeals process within SSA. Social Security claim- ants who are not satisfied with SSA decisions can present their case before one of OHA's 700 ALJs. An ALJ reviews and decides the case based on the merits of the claim and applicable Social Security laws and regulations. If a claimant is not satisfied with an ALJ's decision, he or she can request a review by OHA's Appeals Council and finally by a U.S. district court. SSA's hearings and appeals process conforms to the principles of the Administrative Procedure Act (APA). APA specifies certain procedural elements for a hearing which must be present to meet due process requirements. These include adequate notice, access to evidence, right to cross examination, right to counsel, and written findings and reasons for the decision. APA also requires that the person taking the evidence and rendering the decision be impartial and not have been involved in the case previously as an agency staff person. Finally, APA ensures the independence of the ALJs from the agency in which they operate by assigning responsi- bility for determining their qualifications, compensation, and tenure to the Office of Personnel Management. l/Formerly the Bureau of Hearings and Appeals. (105117) 6-7 3

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