Articles from prior issues of The Advocate

November/December, 1997

Fait Accompli
by Jane Osgatharp, Vermont DDS


GLENN FAIT, DIRECTOR OF THE McGeorge Law School training program on Administrative Justice for DDS Hearing Officers, gave two presentations to the 1997 National Training Conference in Kentucky. His message to the general membership was that no matter whether you are a hearing officer or a disability examiner, our first responsibility is to make the correct decision UNDER THE LAW! Dr. Fait emphasized that no matter how hard you struggle, there will be a great deal of subjectivity in a decision. The disability professional’s role is to make the decision as objective as possible. Given the need to make the decision as objective as possible, how does one explain the allowance rate “gap” between the DDS and the OHA? Dr. Fait believes that decision making is directly affected by personal comparative data, (i.e. the impact of the last QA or DQB return on your recent decisions). This information forms part of your “comparative data” and influences the current decision. He predicts that the Adjudication Officer decision level will not impact the ALJ Allowance rate because it will change the ALJ’s comparative decision sample. Fait’s experience indicates that the more levels of appeals, the greater the claimant’s chance of winning. He recommends that the number of appeals should be reduced-even to going straight to Federal Court after a DDS hearing decision. In the afternoon Dr. Fait held a session for Hearing Officers (HO). He brought his considerable experience, both legally and practically, to help solve thorny legal and practical questions. As might be expected, many of the HO’s questions and concerns were on the DC hearings currently in progress. This session provided a forum to share information on the hearing practices in the various states as well as to ask Dr.Fait the tough questions. Both the morning and afternoon sessions brought guidance and new insight in our struggle to make consistent impartial decisions under the law. Thank you, Dr. Fait.