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Examining Due Process in Administrative Hearings

Subcommittee on Regulatory Affairs and Federal Management

Location: SD-342, Dirksen Senate Office Building



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Member Statements

Agenda

This hearing focused on the independence of federal agency judges and the due process afforded to individuals appearing before them.  Recently the Social Security Administration (SSA) has proposed removing two classes of adjudicatory hearings from the purview of Administrative Law Judges (ALJ) and transferring them to Administrative Appeals Judges and Attorney Examiners within SSA’s Appeals Council. This change would impact tens of thousands of cases and must be justified. In this hearing, we aim to examine the current ALJ issues at SSA and the broader issues of independence and agency control of officials who conduct administrative hearings throughout the federal government.

Witnesses

  • Theresa L. Gruber
    Deputy Commissioner, Disability Adjudication and Review
    U.S. Social Security Administration
    Download Testimony (701.4 KB)
  • Marilyn D. Zahm
    Administrative Law Judge, Buffalo, New York Office of Disability Adjudication and Review
    U.S. Social Security Administration
    Download Testimony (317.6 KB)
  • Joseph Kennedy
    Associate Director for Human Resources Solutions
    U.S. Office of Personnel Management
    Download Testimony (45.5 KB)