Are all federal ALJs constitutional officers? Take, for example, the 1,537 Social Security Administration (SSA) ALJs,
who collectively handle hundreds of thousands of hearings a year.
SSA ALJs, like SEC ALJs, are civil service employees in the “competitive service” system.
5 C.F.R. § 930.201(b). In addition to presiding over sanctions actions, which are adversarial,
see 20 C.F.R. § 404.459, SSA ALJs conduct nonadversarial hearings to review benefits decisions,
see id. §§ 404.900, 405.1(c), 416.1400. In these proceedings, the claimant may appear, submit evidence, and present and question witnesses.
Id. §§ 404.929, 404.935, 416.1429, 416.1435. Like SEC ALJs, SSA ALJs “regulate the course of the hearing and the conduct of representatives, parties, and witnesses.”
Id. § 498.204(b)(8). Like SEC ALJs, SSA ALJs administer oaths and affirmations,
see id. § 404.950, and examine witnesses,
id. § 498.204(b)(9). Like SEC ALJs, SSA ALJs may receive, exclude, or limit evidence.
Id. § 498.204(b)(10).