Local Social Security Judge Under Scrutiny
UPDATE 7/19/11 @ 4:05 p.m.
HUNTINGTON, W.Va. (WSAZ) -- The man in the middle of a Social Security office controversy has retired.
Judge David B. Daugherty has retired from Huntington office of the Social Security Administration effective July 13. He was placed on indefinite administrative leave in late May while an investigation by the agency of his practices continued.
The fallout surrounding Judge Daugherty started from a Wall Street Journal article looking into a questionable number of Social Security cases he approved.
In the last fiscal year, Judge Daugherty heard more Social Security cases than any other of the 1,500 administrative law judges nationwide. A federal investigation was launched in May.
The Journal reported Thursday that Chief Judge Charlie Andrus has stepped down as the Chief Administrative Law Judge, but will stay on as a Administrative Law Judge.
Charlie Andrus became Huntington's Chief Judge in 1997. The paper says his decision to give up his administrative duties was voluntary.
Judge Daugherty was placed on indefinite administrative leave late last month while an investigation by the agency of his practices continues. Judge Andrus was Judge Daugherty's supervisor.
Judge Daugherty has denied any wrongdoing. He attracted attention with the high number of disability claims cases he has decided, and the high number of those cases he’s approved. In the current fiscal year alone, Judge Daugherty has heard more cases than any of the other 1500 administrative law judges nationwide.
Judge Daugherty says that under pressure from the Social Security Administration to move the backlog of cases, he resorted to quicker methods that other judges have opted not to use.
Judge David B. Daugherty has worked for the Huntington regional Social Security Office for more than 21 years. As of Friday, he's off the job -- at least for now.
Daugherty said he was disappointed that he's sitting at home when he says there's so much work piling up at the office and so many people desperate, waiting on disability benefits.
WSAZ.com's Carrie Cline met with Daugherty at his home Friday afternoon. Although he is under scrutiny for not denying enough cases, Daugherty denied all of the allegations against him.
“Why have you approved so many cases?” Cline asked.
“Because I can. I enjoy the job, I’m a workaholic; I love the job,” Daugherty said.
Daugherty says there's nothing wrong with his high approval rate of disability claims cases.
A look at the latest statistics available from the Social Security Administration show -- of the 1,500 administrative law judges nationwide -- Daugherty made more decisions than any other so far this fiscal year. Comparing the top three decision-makers, Daugherty's zero denials and 100 percent approvals stick out.
“What about people who say you're approving cases that aren't deserving?” Cline asked.
“Never I've never granted benefits unless there's documentary evidence that fully supports the claimant's case,” Daugherty said.
Daugherty says during the last few years, the Social Security Administration has asked judges to employ various methods to move cases along more quickly and free up the tremendous backlog. He says he's one of the few who has followed through with those suggestions, including approving cases without a hearing.
“If the documentary medical evidence is there, I find no reason to waste time and money holding a hearing delaying benefits they're so deserving of,” Daugherty said.
“Is this legal?" Cline asked.
“Yes, and, if they’re deserving, they should get them,” Daugherty said.
The Social Security Administration says judges are supposed to balance the need for paying deserving claimants with the duty to protect taxpayer dollars. But, Daugherty isn't alone in his high approval percentages. Nearly 30 judges approved 95 percent of their cases, and he says that number is growing partly because of how attorneys are presenting the cases.
“The lawyers are just preparing their cases so much better," Daugherty said. "They're presenting evidence that in the past wasn't available for whatever reason. They've learned how to do it. They certainly have."
Nonetheless, it's Daugherty who's sitting out on administrative leave. He says he is being paid and receiving full benefits, but has not been told why he's been placed on leave.
He suspects it's because he refused to talk with the federal investigators who've been in the office for about a week and interviewed many of his colleagues.
Daugherty is also under fire for hearing a high number of cases for certain lawyers -- namely Eric C. Conn from eastern Kentucky. He denies that claim, as well, saying it may seem that way because he chooses to schedule more hearings than the other judges and thus ends up with more of everyone's cases.
Conn had no comment.
Last week WSAZ.com found out Judge Daugherty was under federal investigation for misuse of power including approving disability cases without holding a hearing.
A source within the regional office tells WSAZ.com Judge Daugherty was escorted out of the building today and his security privileges were revoked.
Judge Daugherty has been an administrative law judge for 21 years.
HUNTINGTON, W.Va. (WSAZ) -- Rubber stamp approval -- that's what a local social security judge is accused of when it comes to disability claims. David B. Daugherty, an administrative law judge in Huntington, is the subject of a federal investigation for approving too many disability cases.
It's raising some serious concerns that made the front page of today's wall street journal.
In a system where only about 75 percent of the cases presented for disability claims are typically approved, Judge Daugherty has a nearly 100 percent approval. It's a record that's raising some red flags.
“I have been told there are federal investigators here, but I haven’t met with them,” said Judge David Daugherty.
Judge Daugherty was business as usual today despite making national headlines in the Wall Street Journal. The 75-year-old has been an Administrative Law Judge for the Social Security Office in Huntington for 21 years.
According to statistics from 2005-2008, Judge Daugherty heard nearly 5000 cases and approved nearly all of them. According to the Wall Street Journal -- this year, Judge Daugherty processed more cases than all but three judges nationwide. His approval rate is nearly 100 percent.
“Most cases go through an initial denial and then the appeals process before they eventually get to state their case for an administrative law judge,” said Bill Reaves.
Bill Reaves is an Ashland attorney. He's practiced social security law for thirty years and agreed to share his expertise about the system. He says in the Huntington area, appeals cases, which are the majority of the cases, are usually processed in 10-12 months--well above the national average of about 24 months.
Reaves says of the 75%, on average, that are generally approved, there is a review process in place to provide quality assurance.
Judge Daugherty, told us he doesn't think there's anything wrong high approval percentage, but then stopped there.
“I don’t want to impede the process. So, I better not chat with you,” said Judge Daugherty.
The biggest concern with a judge potentially approving unworthy cases is that the social security system has long been said to be running out of money. If those who don't qualify are getting benefits, then that could mean many who really do qualify could eventually get left out in the cold.
The article also says there are strains on offices to increase their caseloads and some judges say it's more efficient and saves the government money to quickly approve cases instead of taking the time to really consider them.
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