Union Says Social Security Continues Retaliation Against Judges

The Association of Administrative Law Judges (AALJ), which represents administrative law judges (ALJs) who preside in Social Security disability cases, says it has an additional example of retribution against a member. Earlier this month AALJ publicly raised concerns about agency officials disregarding workplace laws intended to ensure an independent administrative judiciary for the benefit of American citizens.

The latest example involves Administrative Law Judge Larry Butler, who’s stationed in Fort Myers, FL. Judge Butler has been a judge for over 32 years, the last 24 years serving as an ALJ with the Social Security Administration. Judge Butler is also a Vietnam veteran.

In 2013, Judge Butler testified at a congressional hearing regarding Social Security Administration (SSA) policies he argues encourage fraud. “I don’t care what the agency says or what Chief Judge [Deborah] Bice says. If you are going to sit there and let somebody withhold evidence from me, and I pay a claim worth $300,000 that taxpayers have paid for to a person who is not disabled, that is fraud. To me, I can’t see anything clearer than that; and this agency has perpetuated that for years.”

Judge Butler argues that the agency retaliation began with the filing of disciplinary charges before the independent Merit Systems Protection Board (MSPB) seeking a 60-day suspension without pay. On May 1, 2017, a MSPB decision was issued rejecting the agency’s charges. The board also found that Judge Butler’s protected whistleblower disclosures related to gross mismanagement, gross waste of funds, abuse of authority and violation of the law.

Two days later, the agency filed another MSPB action seeking Judge Butler’s removal, which after 10-days of hearings last year, remains pending.

Between 2015 and 2017, the Fort Myers hearing office underwent extensive remodeling while occupied, which in conjunction with HVAC deficiencies resulted in Judge Butler, another judge and others developing significant medical problems. During this time, Judge Butler contracted pneumonia five times.

Last year, SSA dismissed Judge Butler’s complaint to the Equal Employment Opportunity Commission. Judge Butler filed a complaint in Federal District Court appealing that dismissal, where proceedings remain ongoing.

The union says Chief Judge Patrick Nagle, whose immediate supervisor is Theresa L. Gruber, the deputy commissioner in the Office of Hearings Operations, was directly involved in this seven-year effort to remove Judge Butler following his congressional testimony.

“This is a shocking example of poor leadership that continues at great expense to Judge Butler and the American public,” says AALJ President Judge Melissa McIntosh.

AALJ is asking SSA to withdraw the MSPB removal action it has filed and permit Judge Butler to return to performance of his judicial duties and responsibilities.