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Law.com Home > Violent Threats Increase Against Judges in Social Security Disability Cases

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Violent Threats Increase Against Judges in Social Security Disability Cases

By Sam Hananel All Articles 

The Associated Press

November 16, 2010

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Judges who hear Social Security disability cases are facing a growing number of violent threats from claimants angry over being denied benefits or frustrated at lengthy delays in processing claims.

There were at least 80 threats to kill or harm administrative law judges or staff over the past year -- an 18 percent increase over the previous reporting period, according to data collected by the Social Security Administration.

The data was released to the Association of Administrative Law Judges and made available to The Associated Press.

One claimant in Albuquerque, N.M., called his congressman's office to say he was going to "take his guns and shoot employees" in the Social Security hearing office. In Eugene, Ore., a man who was denied benefits said he is "ready to join the Taliban and hurt some people." Another claimant denied benefits told a judge in Greenville, S.C., that he was a sniper in the military and "would go take care of the problem."

"I'm not sure the number is as significant as the kind of threats being made," said Randall Frye, a judge based in Charlotte, N.C., and the president of the judges' union. "There seem to be more threats of serious bodily harm, not only to the judge but to the judge's family."

Fifty of the incidents came between March and August, including that of a Pittsburgh claimant who threatened to kill herself outside the hearing office or fly a plane into the building like a disgruntled tax protester did earlier this year at the Internal Revenue Service building in Austin, Texas.

A Senate subcommittee heard testimony on Monday at a field hearing in Akron, Ohio, about the rising number of threats, as well as the status of the massive backlog in applications for disability benefits, which are available to people who can't work because of medical problems.

Nearly 2 million people are waiting to find out if they qualify for benefits, with many having to wait more than two years to see their first payment.

Lawmakers told Social Security Commissioner Michael J. Astrue that efforts to trim the backlog haven't done enough to halt personal ordeals for disabled people awaiting government help.

For people in need and awaiting claims, "Your heart goes out to them," Sen. George Voinovich, R-Ohio, said at the hearing.

Astrue said the agency is making progress in cutting waits for decisions on claims, but a 2013 goal of resolving claims within nine months could be jeopardized by rising claims amid the recession and an aging population.

Judges say some claimants become desperate after years of fighting for money to help make ends meet.

"To many of them, we're their last best hope for getting relief in the form of income and medical benefits," said Judge Mark Brown, a vice president of the judge's union and an administrative law judge hearing cases in St. Louis.

While no judges were harmed this year, there have been past incidents: A judge in Los Angeles was hit over the head with a chair during a hearing and a judge in Newburgh, N.Y., was punched by a claimant when he showed up for work.

In January, a gunman possibly upset about a reduction in his Social Security benefits killed a security guard during a furious gunbattle at a Nevada federal courthouse.

About 1,400 administrative law judges handle appeals of Social Security disability claims at about 150 offices across the country. Many are in leased office space rather than government buildings.

Brown said the agency provides a single private security guard for each office building that houses judges. Frye said he has sought more security and a review of the policy that keeps guards out of hearing rooms. He said Astrue has promised to look into it.

Social Security Administration spokeswoman Trish Nicasio said the agency continually evaluates the level and effectiveness of office security and makes changes as needed.

"We are taking appropriate steps to protect our employees and visitors while still providing the level of face-to-face service the public expects and deserves," Nicasio said.

Visitors and their belongings are screened before entering hearing offices and hearing rooms, she said, and reception desks are equipped with duress alarms to notify the guard immediately of any disturbance.

Associated Press Writer Thomas J. Sheeran contributed to this report from Akron, Ohio.

Copyright 2010 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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Reader Comments

  • A. G.

    November 16, 2010 04:11 AM

    The unacceptably slow pace of resolving Social Security claims has existed for years. Commissioners keep saying it is the goal to catch up in 2-3 years, but never do. Meanwhile, Social Security is not hiring additional judges or attorneys to assist the judges and defend the claims. There is significant unemployment among lawyers. The solution to this logjam is not that complicated, Congress. Expand the budget reasonably, recruit and hire within the next 6 months judges and attorney-advisors from the ranks of private lawyers with experience in this field, the private enterprise system will hire and train additional lawyers to prosecute the claims, and the problem will in fact be resolved within 2 years. But it will take a year or two even with a concerted effort and the last time I looked most S.S. offices are not hiring for ALJs or attorney-advisors, certainly not at significant enough numbers to remedy the issue by 2013. Hiring more guards will not solve the problem, but might reduce the risk of judicial injury slightly. This is another short-sighted P.R. play, not a solution.

  • martin jones

    November 16, 2010 03:08 AM

    Excellent blog i appreciate it so much this law department regarding management is really very helpful for my future business progress thanks.Find A Solicitor

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