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Filing a complaint against a ALJ.

Las Vegas, NV |

My attorney and I are not filing an appeal against a "unfavorable" SSD hearing. My attorney states filing a new case is much better--so that's in process. Meanwhile I would like to have some type of recognition as to how wrong this judges findings where and what his wrongful actions caused for me. Without an appeal, yet a new case how can I be heard. See just filing a complaint, is just that--only a complaint. I want something done in my favor according now to my new case. Can Soc Sec Admin review this still as wrongful in my favor for the new case. My attorney does not want anything to do with the past, he just wants to move forward. That is great, but I feel in my heart strongly that this matter needs to be known--so that I can move forward. This/these SSD judges need to be revealed...

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Attorney answers 2


Many decisions by judges and/or administrative hearing officers are protected and immune against lawsuits. Since you are represented you should really address your concerns with your attorney. He or she has all the facts and is probably advising you according to what he/she thinks is in your best interest. However, your opinion is shared by many.

The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.



Thank you... I really appreciate your input.


The Administrative Procedure Act of 1946 (APA) requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an OPM (Office of Personnel Management) representative, American Bar Association representative, and a sitting federal ALJ. Federal ALJs are the only merit-based judicial corps in the United States.
In American administrative law, ALJs are Article I judges, and are not Article III judges under the U.S. Constitution. Unlike Article III judges, Article I judges are not confirmed by the Senate.
ALJs are generally considered to be part of the executive branch, not the judicial branch, but the APA is designed to guarantee the decisional independence of ALJs. They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence". Federal administrative law judges are not responsible to, or subject to the supervision or direction of employees or agents of the federal agency engaged in the performance of investigative or prosecution functions for the agency. Ex parte communications are prohibited. ALJs are exempt from performance ratings, evaluation, and bonuses. Agency officials may not interfere with their decision making and administrative law judges may be discharged only for good cause based upon a complaint filed by the agency with the Merit Systems Protection Board established and determined after an APA hearing on the record before an MSPB ALJ.[2] Only ALJs receive these statutory protections; "hearing officers" or "trial examiners", with delegated hearing functions, are not similarly protected by the APA.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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