Chapter I
Introduction

The Bureau of Hearings and Appeals of the Social Security Administration will appoint Attorney-Examiners (Hearing Examiners-SSI) to conduct hearings and issue decisions under Title XVI of the Social Security Act, Public Law 92-603 (Supplemental Security Income). At this time it is anticipated that more than 250 individuals will be appointed to these positions.

All interested attorneys should carefully read this complete announcement before beginning to prepare an application. This is an open and continuous examination. The basic requirements are that an applicant must be a member of the Bar and have six years of qualifying experience for the GS-14 grade level or four years of qualifying experience for the GS-13 grade level. The burden of proof is on the applicant to establish that he or she clearly meets all the requirements of this announcement. Priority processing will be given to those applicants who file a complete application at an early date. Failure to comply with all the requirements of this announcement at the time of filing may result in delaying the further processing of that application. The appointment of other applicants to these positions will not be delayed pending the processing of incomplete applications or appeals resulting from ineligible ratings. All applicants will be considered withcut regard to race, religion, color, national origin, sex, political affiliations or any other nonmerit factor. (For general information on working for the Federal Government, see U.S. Civil Service Commission pamphlet No. 4, BRE-37, which may be obtained at most places where application forms are available.)

Every applicant in this examination will be considered for the grade level applied for as indicated on the application. Those applicants who are successful in all phases of this examination will be notified at the time of placement on a Register of Eligibles. (Phases B, C, and D of Chapter IV may be waived for an applicant who has established current eligibility on the Civil Service Commission Register of Administrative Law Judges under Announcement 318.) Selections for appointments will be made from the register under the applicable rules and regulations.

These Hearing Examiners will be appointed to preside over formal hearings required under Section 1631 of Title XVI of the Social Security Act (Supplemental Security Income). The cases to be heard and decided will involve benefits to the aged, blind, and disabled. In general, the Hearing Examiner may be required to:

1

Administer oaths, issue subpoenas, and take or authorize depositions. 2 Regulate the course of the hearing and prehearing conference. Rule upon offers of proof and receive relevant evidence.

3

4 Dispose of procedural requests or similar matters.

5 Question witnesses (if necessary or desirable).

6 Consider all the evidence of record, the issues involved, and the arguments or contentions by the parties.

7

8

9

Determine credibility, make findings of fact and conclusions of law. Issue initial decisions or make recommended decisions on the basis of reliable, probative, and substantial evidence of record.

Take any action authorized by agency rule consistent with applicable law.

Chapter II

Basic Qualifying Experience

An applicant must have had progressively responsible experience which demonstrates his or her ability to conduct hearings in a dignified, orderly, and impartial manner; determine credibility of witnesses; sift and analyze evidence; apply agency and court decisions; prepare clear and concise statements of facts and law; exercise sound judgment; and demonstrate the judicial temperament required for successful performance in a judicial or quasi-judicial position.

To qualify for the GS-14 grade level in the examination, the applicant must have been, for at least six years immediately preceding the date of filing, duly licensed and authorized to practice as an attorney under the laws of a state, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the Constitution. To qualify for the GS-13 grade level in the examination, the applicant must have been an attorney for at least four years as described above. In addition, the applicant must clearly establish, in the aggregate, at least six years of qualifying experience (for the GS-14 grade level) or four years of qualifying experience (for the GS-13 grade level) in one or more of the following categories:

A Experience as judge, master, or referee of a court of record; or B Experience as the head (or one of the heads) of a governmental regulatory body, responsible for (1) conducting, or supervising the conduct of, formal hearings and (2) making decisions on the basis of the record of such hearings; or

C Experience in a governmental regulatory body as an officer or employee presiding over formal hearings and making or recommending decisions on the basis of the record of such hearings; or

D Experience in the preparation of cases for, or their presentation at, formal hearings conducted by governmental regulatory bodies or court proceedings relating thereto; or

E Experience in the preparation of cases for and their presentation at trial in courts of record of unlimited and original jurisdiction or the preparation and presentation of appeals therefrom; or

F Experience in the active professional supervision and direction of subordinates engaged in functions described in D above; or

G Experience as a responsible official in a governmental regulatory body, whose duties require him to (1) review, analyze, evaluate, and recommend action to be taken by the head (or heads) of the body on decisions or recommend decisions on cases made by hearing officers on the basis of the record of formal hearings, or (2) render responsible assistance to the head (or heads) of the body in the preparation for, or hearing of, cases coming for a formal hearing before the head (or heads) of the body, or in the preparation of decisions by the head (or heads) of the body on such cases; or

H Experience in either a governmental body or in the private practice of law which involved the assimilation, analysis, and evaluation of complex facts; the interpretation and application of provisions of law, regulations, court decisions, and other precedents; the rendition of oral and written advice to employing officials or clients which demonstrates the ability to identify and effectively use pertinent precedents;

recognize new and complex problems, propose fair and equitable solutions in accordance with applicable law and regulations, and write clear, cogent opinions; or

Experience in the active professional supervision and direction of subordinates engaged in functions described in H above.

Experience as a Military Judge (law officer) in a general court-martial, Member (or Judge) of Board (or Court) of Military Review, or military trial experience before the Armed Services Board of Contract Appeals will be acceptable. (Entering military service from qualifying experience may constitute an extension of qualifying experience.)

Credit will be given for all valuable qualifying experience, regardless of whether compensation was received or whether the experience was gained in a part-time or full-time occupation. Part-time or unpaid experience will be credited on the basis of time actually spent in qualifying experi

ence.

Experience acquired (under G, H, and I) in handling the types of cases coming before governmental bodies (Federal, State or local) whose composition, practices, and procedures are not in substantial accord with the administrative procedure provisions of Subchapter II, Chapter 5 of Title 5 USC will not be acceptable.

The principal types of positions in which qualifying experience is not obtained are: Investigator; Rating Specialist; Conferee; Arbitrator; Mediator; Moderator; Professor; Clerk of Court; and Contract Officer.

Chapter III

One Year Level of Qualifying Experience

A. Level and Recency of Experience

An aggregate of one year of the applicant's qualifying experience must have been acquired within the 6-year period immediately preceding the date of filing of an application for the GS-14 grade level or an aggregate of one year of the applicant's qualifying experience must have been acquired within the 4-year period immediately preceding the date of filing of an application for the GS-13 grade level. This one year of qualifying experience must be of a level of difficulty, complexity, responsibility, and importance characteristic of the next lower grade in the Federal service. The quality or level of experience is determined by the nature, scope, degree of responsibility, importance, and complexity of cases handled. Experience in the handling of minor tort cases, routine divorce cases, traffic violation cases, and cases or matters of a similar nature will not be accepted as meeting the required level or quality of experience for either grade level.

B. Evidence of Qualifying Experience

The applicant must clearly establish that he or she has acquired the one year level of qualifying experience in judicial, trial, administrative law, or other legal experience. Every applicant must include with the application a listing of cases showing at least one year (210 workdays) spent on cases which in his or her opinion demonstrates the highest level of the applicant's qualifying experience. The listing of cases must show the following information for each case:

1 Title and citation.

2 Dates (approximate) between which participation took place.

3 Court, administrative body, or presiding officer who heard the case. (For other legal experience show responsible superiors.) For any court cited, show whether Federal, State or local and extent of jurisdiction such as original, appellate, unlimited or limited.

4 Brief statement of issue(s) involved.

5 Number of workdays spent in handling the case and in what capacity, i.e., judge, hearing officer, counsel, legal analyst, etc.

6 Names and current addresses of

a Judge, official(s) of the administrative body, or presiding officer who heard the case. (Applicants engaging in other legal experience may show responsible superiors.)

b Co-counsel or associate.

c Opposing counsel, if applicable.

d Counsel appearing in the case if applicant is in a judicial-type position.

Chapter IV

The Multiple Phases of the Examination

A. Review of Application

Every applicant must comply with all the filing requirements of this announcement. The application will be cancelled if it indicates that no contact is to be made with the applicant's employer. The Bureau of Hearings and Appeals will communicate no more than once with any applicant regarding minor deficiencies or omissions in the information submitted. If the applicant fails to make a timely reply which brings his application into full compliance with the terms of this announcement, an ineligible rating will be assigned and applicants will be notified of the reason(s) therefor. Applicants who have complied with all the filing requirements and meet the qualifying experience requirements will be processed through the next phase of the examination.

B. Qualification Inquiries

This phase of the examination consists of sending confidential qualification inquiries to individuals with whom applicant may have had professional contact and may know of his or her professional experience. Applicant should check to assure that 20 such names and addresses are included in the application. If appropriate, personal investigations may be conducted to resolve questions concerning the applicant's qualifications. The following rating factors are considered in evaluating the applicant: (1) quality of experience, (2) analytical ability, (3) ability to interpret and apply the law, (4) writing ability, (5) ability to secure facts from individuals, (6) ability to handle difficult situations, (7) ability to preside at and control hearings, (8) ability to make independent decisions, (9) ability to be objective and free from influence, (10) professional standing, and (11) demonstrated judicial temperament and poise. Based upon an evaluation of the application with supporting documents and an analysis of the responses to the inquiries, a basic rating is made to determine which applicants have attained a tentative passing grade. This rating is based upon a scale of 100. The Bureau of Hearings and Appeals has established 80 as the passing grade. Those applicants who score 80 or more will par

ticipate in the remaining phases of the examination. The applicants who do not attain a score of 80, exclusive of veteran preference, will be notified of a rating of ineligibility for failure to attain a passing grade.

C. Written Demonstration

The applicants who attain a score of 80 or more will be notified and scheduled to participate in a Demonstration of Ability to Write a Decision. The Demonstration is designed to "test" the applicant's ability to express himself or herself clearly, concisely, and convincingly in a written decision. The "test" will be given in various locations throughout the country. Travel will be at applicants' expense. Sufficient advance notice of the date scheduled for the "test" will be provided. If an applicant is unable to participate as scheduled, the application will be suspended and he or she will be rescheduled with a later group of applicants.

D. Panel Interview

The applicants who attain a score of 80 or more will also be notified to appear for a personal interview of approximately one hour duration. The interviews will be held in offices of the Bureau of Hearings and Appeals as soon as possible after the written demonstration. Applicants will receive advance notice; transportation will be at applicants' expense. If an applicant is unable to appear, the application will be suspended and he or she will be scheduled with a later group of applicants.

Chapter V
Final Rating

The final rating of eligibility or ineligibility will be issued by the Bureau of Hearings and Appeals within several weeks after the completion of the panel interviews. The final rating is based upon a careful evaluation of the information furnished by the applicant, responses to our confidential inquiries, investigations, written demonstration, and results of the interview. The successful applicants will be required to undergo a record check of National Agency and Local Law Enforcement files prior to being placed on the Register of Eligibles. Veteran preference points are assigned only to the successful applicant when his or her name is placed on the Register. All the names of the successful applicants will be placed on the appropriate GS-13 and/or GS-14 Hearing Examiner Register of Eligibles. The unsuccessful applicants will be notified of the rating of ineligibility.

Chapter VI

Maintaining Eligibility on the Register

In order to maintain eligibility on the Hearing Examiner Register(s), the eligible must update his or her experience no earlier than 18 months and no later than 21 months after the date of the notice of the final rating of eligibility and continue to do so every 18 to 21 months thereafter. To do so, the eligible must complete Standard Form 172 and attach thereto a listing of cases handled since filing in the examination, to demonstrate compliance with all current experience requirements of the examination. Failure to update with the stated periods will result in the removal of the eligible from the Register(s).