Federal Administrative Law Judges Conference

Federal Circuit Affirms

Removal of ALJ

Washington, D.C. - March 14, 2011 - The United States Court of Appeals for the Federal Circuit today issued its opinion in the appeal of former SSA ALJ Danvers E. Long.  FALJC has followed this case closely, as it involves certain standards applied by the MSPB in its determination of "good cause" under 5 U.S.C. � 7521.  In affirming the finding of the MSPB, and its decision to remove Judge Long, the Federal Circuit discusses in detail the application of the "good cause" standard by MSPB in this case.  As the case involves the behavior of an ALJ outside of the workplace, it is an important opinion for all ALJs to consider. 

 

Also of interest is the concurring opinion of Judge Dyk.  Although Judge Dyk concurs in the removal of Judge Long, the concurring opinion expresses the concerns that many ALJs have also expressed about the use of private, non-workplace behavior as a vehicle for ALJ discipline.  Acknowledging the seriousness of the offenses charged against Judge Long, Judge Dyk also warns that this case is not precedent for the Board to engage in investigations into the private behavior of ALJs. "However, the Board must engage in such proceedings only in the most unusual circumstances or risk reversal by this court."    
  
Click here to read the opinion.
  
The case is
Danvers E. Long v. Social Security Administration
No. 2010-3108 (Fed. Cir. March 14, 2011).