The Social Security Administration (SSA) is committed to providing every individual fair and unbiased treatment in the handling of all claims at the ALJ hearings level. SSA is also committed to affording individuals an opportunity to submit complaints to the agency about alleged ALJ bias or misconduct. SSA will review all such complaints and, if warranted by the facts presented, will also conduct an investigation according to Social Security Ruling (SSR) 13-1p.

SSR 13-1p explains SSA's three separate processes for addressing complaints of alleged bias or misconduct by an ALJ. This Program Operations Manual System (POMS) section explains the second process set forth in SSR 13-1p by which claimants, their representatives, and other members of the public may file an ALJ bias or misconduct complaint with EMA.

Complaints of alleged ALJ bias or misconduct filed with EMA are not subject to the administrative or judicial review process and the EMA review process does not confer any appeal rights. Filing a complaint with EMA is not a way to:

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  Appeal an unfavorable ALJ decision (see GN 03104.100 for Appeals Council (AC) review procedures);

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  Ask SSA to consider investigating alleged ALJ bias or misconduct that occurred outside of the hearings process or was unrelated to the actual adjudication or decision of a case; or

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  Ask an ALJ to disqualify or recuse themselves from hearing a case (an individual who objects to the ALJ assigned to conduct the hearing must ask the ALJ to withdraw from the hearing in accordance with 20 CFR sections 404.940 and 416.1440).

An individual wishing to file a complaint alleging ALJ bias or misconduct must do so in writing within 180 days of either the date of the action complained of, or the date the individual became aware of such conduct. SSA will accept a complaint filed at any hearing office or other SSA office. However, to avoid processing delays, the individual should send the complaint and any supporting documentation directly to EMA at:

Members of the public may email their complaint to EMA at ^Fair ALJ Hearings. However, emailing a complaint is not a secure means of communication. Information in an email could be intercepted and used by others outside SSA for purposes not in line with the intended use. If using the email option, individuals should limit personal information to only what is necessary to explain the allegation and should not include any Social Security Numbers (SSN), home addresses, other personally identifiable information, or attachments.

Individuals may also fax complaints to EMA at (833) 769-0252.

EMA will make reasonable efforts to acknowledge receipt of complaints in writing within 60 days from the date EMA receives a complaint. If one of the Hearings Hubs receives a complaint directly from a member of the public, the Hearings Hub will make a reasonable effort to acknowledge receipt of the complaint in writing within 60 days from the date the Hearings Hub receives the complaint. The Hearings Hub will forward the complaint to EMA for processing.

When an individual alleges ALJ bias or misconduct to a FO employee, take the following actions:

SSR 13-1p and the Hearings Appeals and Litigation Law manual (HALLEX) contain information about how SSA addresses complaints of alleged ALJ bias or misconduct. See HALLEX HA 01320.025 for complaints received by the AC and HALLEX HA 01180.007, HALLEX HA 01180.010, and HALLEX HA 01180.013 for complaints received by EMA or the Hearings Hub.

EMA or their designee will review complaints by auditing the relevant hearing recording (s), if available, and reviewing the hearing decision or dismissal order, if issued, and other relevant documentation. If EMA concludes that an investigation is unnecessary, staff will close the complaint.

If EMA determines that an investigation is warranted, it will forward the complaint to the appropriate Hearings Hub.

The Hearings Hub's investigation may include auditing the hearing recording, examining the hearing decision or dismissal order and other relevant documentation, and contacting witnesses who have information related to the complaint. When the investigation is completed, the Hearings Hub will prepare a report for EMA that contains findings and if warranted, will recommend appropriate action regarding the ALJ.