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Attorney seeks appeal of decisions by Social Security judge accused of ‘sexy’ comments

By   /   June 20, 2016  /   News  /   No Comments

Part 17 of 50 in the series Deadly Delays

MADISON, Wis. – An attorney who represents Social Security disability claimants tells Wisconsin Watchdog he will appeal any adverse decision by Administrative Law Judge John Pleuss, who has been accused of deciding cases based on” how sexy he thought the claimant was.”

The attorney, who spoke on condition of anonymity because of his professional relationship with the judges and staff in the Madison Office of Disability Adjudication and Review (ODAR), said he first began hearing reports about Pleuss’ conduct several months ago. That’s when the attorney said he began monitoring the outcome of the disability appeals hearings.

“I have had a standing policy to appeal any decision of ALJ Pleuss because of my concerns for his lack of impartiality,” the attorney said.

Wisconsin Watchdog file photo

PERVERTED JUSTICE? An attorney tells Wisconsin Watchdog he is seeking a review of Social Security disability claims appeals rulings by a Madison administrative law judge accused of basing his decisions on the appearance of applicants.

ODAR insiders have accused Pleuss of sexually harassing staff members and claimants. One source told Wisconsin Watchdog there is a “culture of corruption and cover-up” at the Madison office, and it “goes all the way to the top.”

Wisconsin Watchdog has obtained hand-written internal documents showing what employees have described as “highly inappropriate” comments Pleuss has made about claimants appearing before him.

“Young, white (female); attractive brunette,” Pleuss wrote under “Initial Observations” in official hearing notes. The claimants’ names and other personal information have been redacted.

“Young, white (female); long brown hair; attractive; looks innocent,” the ALJ wrote.

He described another claimant as “buxom,” and noted that a “young, white (woman) looks like a man.”

“Obese, young, white (female) skimpy black top,” he wrote of another claimant.

“Very black, African looking (female),” the ALJ wrote, and parenthetically he added,“(actually a gorilla-like appearance).”

In one document, Pleuss wrote, “I’ll pay this lady when hell freezes over!”

The employee who spoke to Wisconsin Watchdog on condition of anonymity said Pleuss has acquired a reputation as “being sexually inappropriate.”

“It truly has become a national running joke,” the staff member said.

RELATED: ‘Culture of corruption and cover-up’ alleged in Madison Social Security office

But there is nothing funny about the charge by those familiar with the administrative law judge and the “toxic environment” of the Madison office, that Pleuss has approved or rejected disability claims based on “how sexy he thought the claimant was,” the employee said.

The ODAR official claims “sexual harassment of staff is pervasive and ongoing” in the Madison office. Other sources have told Wisconsin Watchdog as much.

Sources say the problem also involves race.

Pleuss often notes race in the hand-written case notes Wisconsin Watchdog has obtained.

The attorney who voiced concerns about Pleuss’ rulings said he has seen Hmong claimants treated especially bad by the administrative law judge.

“I found him condescending and rude to Hmong claimants,” the source said. “I’m pretty sure that I never had a favorable decision from him on behalf of a Hmong person.”

In one case, the attorney claims Pleuss “tested” a Hmong claimant on whether the applicant could speak English.

“He was giving instructions to my client in English. I said, ‘What are you doing?’ He said he was giving instructions. I said, ‘My client doesn’t speak English.’ He said, ‘Oh, sure. I bet.’ He was going to try to trick them to see if they spoke English,” the attorney said.

An official with the Hmong-American Partnership in Appleton said she had not heard the allegation, but said the director would be interested in learning more.

The attorney said he has seen the judge deny cases he thought had a strong foundation, and “weak” cases approved.

“This issue may explain a lot about that inconsistency,” the attorney said. “I will now be able to raise issues involving females. It should be interesting since I will be asking for copies of his notes on every denial. I’m sure that request will be denied and I may end up asking Federal District Courts to issue orders for the release of the documents.”

Pleuss runs nearly even in his approval-versus-denial record, according to the Social Security Administration.

In fiscal year 2014, the administrative law judge approved 43 percent of his cases, and denied 40 percent. The remaining 17 percent were dismissed. A “dismissal” is when SSA turns down an application, after the claimant appeals, without deciding whether the claimant is disabled. That often happens when an individual does not appear for a hearing.

In six-plus years, Pleuss has approved 42 percent of the disability appeals cases before him, and denied 41 percent. He has dismissed a total of 17 percent.

Madison ODAR Chief Administrative Law Judge Debra Meachum, for instance, has an approval rate of 63 percent, while denying 20 percent of the cases. Meachum has dismissed 17 percent.

Madison’s overall rate is 52 percent approved, 29 percent denied.

Doug Nguyen, spokesman for SSA’s Chicago Regional Office, has declined to comment on what he said are personnel issues.

“Although we are precluded by the Privacy Act from discussing employment issues regarding specific employees, SSA takes seriously its responsibility to abide by federal law, including that which protects whistleblowers from retaliation and all employees from discrimination,” the communications director said.

‘Covering for him for years’

An ODAR official with knowledge of the situation told Wisconsin Watchdog on Monday that “employees have been bringing the concerns about Judge Pleuss’ sexually inappropriate comments to light for approximately the last decade.”

The source, who asked not to be identified for fear of retaliation, said Madison ODAR Office Director Laura Hodorowicz and Chicago Regional Attorney Deborah Giesen “have been covering for him for years.”

Office Supervisor “Wayne Gentz has been covering for Pleuss ever since Laura hired Wayne’s wife to work in the Madison office,” the source said.

“I am very glad to hear that the claimants might receive an opportunity to have their claims decided on the merits of the case. Finally, the claimants, representatives, and taxpayers know the truth,” the ODAR official added.

As Wisconsin Watchdog reported last week, sources said Pleuss was either suspended or placed on administrative leave in advance of an SSA Office of Inspector General investigation and audit of the Madison office scheduled for this week.

Pleuss was not in the office last week, according to multiple sources, and Hodorowicz was on leave.

Part of 50 in the series Deadly Delays
  1. Deadly Delay: Whistleblower alleges misconduct, incompetence in Social Security office
  2. Johnson seeks answers to Social Security whistleblower’s charges
  3. Social Security disability program has plenty of problems elsewhere
  4. Social Security whistleblower placed on administrative leave
  5. Social Security disability agency has history of punishing whistleblowers
  6. Senator to Social Security Administration official: ‘I would say the system is rigged’
  7. Whistleblower: ‘I want to do my work without fear of retaliation’
  8. Social Security whistleblowers ‘coming out of the woodwork’
  9. Social Security whistleblower suspended after going public with complaints
  10. Social Security whistleblower questioned by investigators after going public
  11. Social Security whistleblower now faces firing
  12. Social Security officials not answering questions about whistleblower retaliation
  13. ‘Culture of corruption and cover-up’ alleged in Madison Social Security office
  14. Ron Johnson: We’re tracking down abuse allegations in Social Security agency
  15. Senate committee presses for answers from troubled Social Security Administration
  16. Sources: Social Security judge suspended in wake of Madison scandal
  17. Attorney seeks appeal of decisions by Social Security judge accused of ‘sexy’ comments
  18. Social Security appeals judge pleads guilty to retaliation charge
  19. More retaliation despite investigation, Social Security office sources say
  20. Openly gay whistleblower at Social Security office claims intimidation, retaliation
  21. Wheels of justice turn frustratingly slow for Social Security whistleblowers
  22. Baldwin joins Johnson in calling for ‘immediate action’ on Social Security misconduct claims
  23. Documents: Social Security judge wrote claimant was ‘rode hard and put away wet’
  24. Social Security judge investigated for harassment heading back to hearings
  25. Social Security judge accused of misconduct refuses to step aside, sources say
  26. Whistleblower at scandal-plagued Social Security office seeks restraining order against manager
  27. Whistleblower report alleges widespread waste, fraud, abuse at Social Security office
  28. Sen. Johnson to Social Security commissioner: Retaliation will not be tolerated
  29. Baldwin warns Social Security Administration not to retaliate
  30. Social Security Administration fires whistleblower
  31. Who is protecting Social Security whistleblowers?
  32. Sources: Social Security judge accused of racial, sexual remarks removed from hearings
  33. Social Security office director removed from Madison facility, sources say
  34. Senate committee probe into Social Security whistleblower retaliation continues
  35. Madison Social Security office like ‘giant dysfunctional family,’ source says
  36. Damage spreads at scandal-plagued Social Security office
  37. Fired Social Security whistleblower gets no help from federal whistleblower protector
  38. One month later, Social Security whistleblower still without job, pay, answers
  39. Federal agents stepping up investigation into troubled Social Security offices
  40. Investigation into troubled Social Security offices in a ‘holding pattern’
  41. Recent weeks bring shake-up at scandal-plagued Social Security offices
  42. Top judges resign at troubled Social Security Chicago headquarters
  43. Social Security chief judge retiring amid cloud of scandal
  44. Troubled Social Security disability claims agency promotes ‘positive organization culture’
  45. Senate inquiry into scandal-plagued Social Security offices plods along
  46. Social Security whistleblower: ‘Everything has been compromised’
  47. Sources: Social Security judge accused of sexual harassment removed from Madison office
  48. Fired Social Security whistleblower won’t be taking whistleblower protection training
  49. Letter: Social Security judge under fire granted power to decide
  50. Sources: Social Security judge accused of deciding cases on sex appeal retires

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M.D. Kittle is bureau chief of Wisconsin Watchdog and First Amendment Reporter for Watchdog.org. Kittle is a 25-year veteran of print, broadcast and online media. He is the recipient of several awards for journalism excellence from The Associated Press, Inland Press, the Wisconsin Broadcasters Association, and others. Kittle's extensive series on Wisconsin's unconstitutional John Doe investigations was the basis of a 2014 documentary on Glenn Beck's TheBlaze. His work has been featured in Town Hall, Fox News, NewsMax, and other national publications, and his reporting has been cited by news outlets nationwide. Kittle is a fill-in talk show host on the Jay Weber Show and the Vicki McKenna Show in Milwaukee and Madison. Contact Kittle at [email protected]