Today’s Atlanta Journal-Constitution printed a front page article entitled Ruling: Judge Slighted Duties. The article reports the finding of an administrative law judge that Atlanta North ALJ Kelly Jennings can be removed from his position as an ALJ because he simultaneously served as an active duty lawyer for the Army.
In addition to firing Judge Jennings, Social Security is also going to attempt to collect over $300,000 in back pay. The ALJ considering this case concluded that because he was working for the army, Judge Jennings was not able to give his Social Security cases his full attention, thus contributing to the backlog in the Atlanta North office.
Excuse my use of the vernacular here, but this ruling against Judge Jennings is a load of crap. First and foremost, I find it incredible that any trier of fact would attempt to blame the Atlanta North backlog on one judge. The problem in Atlanta North does not lie at the feet of the judges; instead, the problem has to do with the lack of staff and Social Security’s slow embrace of technology. Judges are part of the puzzle, to be sure, but if the case files are not put together, if the hearings are not scheduled, if there are not enough writers to prepare draft decisions, and if thousands upon thousands of claims are being filed, there are going to be delays.
I try cases in the downtown Atlanta hearing office, as well as in Rome, Columbus, Macon and Savannah. The Atlanta North office has been the slowest in adopting the paperless exhibit files (exhibits are on CD) the paper files that we do use are usually not numbered or properly prepared for hearings. If Judge Jennings was able to process 10x as many cases as he did, none of this would change. Nothing in the AJC article suggested that Judge Jennings rate of productivity was any less than any of his colleagues.
I also wonder if the ALJ considering this issue took the time to speak to any of the lawyers that appeared before Judge Jennings. In my experience, Judge Jennings was always prepared for hearings and his processing time for issuing decisions was no different than any of the other Atlanta North judges. As an aside, Judge Jennings was considered to be more on the conservative side when it came to approving cases, so I am not writing this out of self interest. However, he was never arbitrary and his approach was always consistent, meaning that going in to a case I pretty much knew what I needed to present my case. In cases that he granted, Judge Jennings would frequently include specific direction to Social Security to review a claim in two or three years. I think he felt a responsibility to the taxpayers to insure that anyone who would be collecting benefits truly deserved them.
Finally, as noted above, Judge Jennings “other” job was as a lawyer for the Army. This was known to everyone at Atlanta North – I remember one occasion in particular, when Judge Jennings had to postpone hearings because he had an active duty deployment. Here, then, we have an individual serving his country in a time of war who is being unfairly singed out as the reason for a backlog problem that is, in truth, the result of widespread and systematic inefficiency.
Well, I am glad you were not my husband’s attorney. Our attorney loved Judge Jennings too. We fired him after he would not let me testify as the caregiver because Judge Jennings “just did not like family testifying”. Judge Jennings put his feet up on the hearing table during the part I was allowed in for and ruled against my husband. Yes, a true professional. In our favor was the recommendation from the state level examining professional who stated that my husband needed disability, the testimony of his current doctors from the Decatur Veterans Administration (oh, my a federal government adminstration) and eleven years of prior records from the VA. Your Judge Jennings decided that he was more appropriately a mental health professional than medical doctors from another federal government agency. Not only is he an expert in mental health and army procedure but he has a medical degree. Who knew? NOBODY!
Okay, do members of the National Guard go on active duty and continue to draw their full salary from their day job as you suggest? No, sadly they don’t and we have a growing problem with active servicemen coming back to nothing. So hearing cases for the Social Security Adminsitration job meant nothing if he was called on an emergency to hear an “emergency case” at Fort Benning? He was not deployed. He was simply relocated within the federal government to sit and do nothing. Wow, much like the SSA job he had but he wants to get paid for both???
I am so glad that everyone in “North Atlanta” knew of his moonlighting. I live in North Atlanta area and I somehow missed that memo. The average taxpayer was unaware of this situation. Was it broadcoast on TV, print or just around the attorneys’ locker room?
After Judge Jennings was placed on adminstrative leave in August of 2007, Judge Spivey was able in one month to make a final determination on my husband’s case that was pending (or as we now know, suspended) before Judge Jennings for five years. You are right…Judge Jennings is being railroaded…by his own actions.
Shame on you if you represent people on disability cases and feel this way about Judge Jennings. I will remember to keep your name handy…for there is no way I would refer this guy in Hades.
Don’t take another disability case until you rethink your position of defending a judge. Even if Judge Jennings is being railroaded, you as the other side have no business defending him.
Lisa:
You are entitled to your opinion. My experience with Judge Jennings over many years and many hearings was positive. Although he tended to be somewhat conservative when evaluating cases, I always felt that he was prepared and fair.
As far as defending a judge – I think it is perfectly appropriate. He is no longer a sitting judge so I derive no personal benefit from what I have written. Judges are not the enemy of disability lawyers – with very few exceptions most judges want to do the right thing and have no personal agendas. He is also a person with a family, not an automaton.
I have no way of speaking to your particular experience, but I am glad for you that your husband did eventually get a favorable decision.
Judge Jennings happens to be my uncle. I can promise to everyone that he is a reasonable, and caring family man, as well as a respectful, and fair Judge. It seems to me, when someone doesn’t get their way, they’ve got to blame someone.. Why not the lawyers, or the Judge. Everyone dislikes the police, lawyers, and Judges…except when they need one. Think about that, rather than point fingers? Just a thught.