While it received virtually no attention in the mainstream media, the Trump administration announced last month that it beliefs it can fire administrative law judges who hear Social Security disability cases at will.
“Today the Department of Justice determined that multiple layers of removal restrictions shielding administrative law judges (ALJs) are unconstitutional,” read the brief statement from Justice Department Chief of Staff Chad Mizelle posted online February 20. “Unelected and constitutionally unaccountable ALJs have exercised immense power for far too long. In accordance with Supreme Court precedent, the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people.”
The Trump administration has not taken any known action against Social Security ALJs since putting out this press release, but the policy marks a major shift in how ALJs are treated by the federal government.
The Social Security Administration employs about 1,500 ALJs. These judges are independent, and have wide leeway in deciding cases. While the average approval rate of ALJs is around 45 percent of the cases they hear, it’s not uncommon to find outliers who approve as many as 70-80 percent of the cases they hear, or as few as 10-15 percent of the cases that come before them.
While the wide latitude judges have in handling cases can be a source of frustration for claimants and attorneys alike, it’s also allowed judges to make rulings with little fear of job security. In the past it has been extremely difficult to have an ALJ removed from the bench, usually requiring strong evidence of corruption or incompetence.
