Effective December 19, 2011, the Office of Disability Adjudication and Review (ODAR) instituted a new policy that the identity of the Administrative Law Judge (ALJ) assigned to each claimant’s case would not be disclosed to claimants or their disability representatives until the time of the actual hearing.

The National Organization of Social Security Claimants’ Representatives (NOSSCR) released the following response to the new policy, “We are acutely aware of the negative impact this policy change will have on claimants and the ability their representatives to represent them, as well as the serious disruption it will cause in the day-to-day operation of the local ODAR offices.”

As a Social Security Disability attorney I agree with the NOSSCR. In my opinion, no one wins—not the attorneys, not the judges, and definitely not the claimants. I say this because, each judge may have certain likes or dislikes that the attorney can prepare for beforehand.

For example, some judges might need a representative to set aside more time for them, some need arguments written in advance, and some want specific presentations to be made. Now, there is no way to help the process along.

I want to also point out that this policy change is unlike any other in our democratic judicial system. Claimants have the right to prepare and present evidence supporting their claim, but this policy changes makes it impossible for them to fully prepare. It also seems that this policy might be inconsistent with SSA’s regulations. Unfortunately, only time will tell if this policy is overturned.

What are your thoughts about the new policy change? How will it affect you and your disability claim? Please leave your comment in my comments section, or on my Facebook wall.