I was reading this morning’s paper and I saw in the obituary section that retired Social Security judge Albert Feldman passed away this past Wednesday, July 22, 2009.   With your indulgence I would like to take a break from my usual blog posts – that speak about case strategies, changes in the law, etc. to reflect on the influence that this kind, compassionate and extraordinary man had on me, and I suspect many others.

Although my relationship with Judge Feldman lasted for only about 10 years and solely in the context of Social Security hearings, it was not difficult to sense immediately what type of person he was.  To claimants he was, without exception, polite and respectful.  Although I am sure that there must have been times when he would look at a file and recognize immediately that the claimant before him did not qualify for benefits, he was always willing to listen and give every one that appeared before him his or her day in court.

I remember one case in particular – I had a client who had been diagnosed with HIV, who, at the time of the hearing, was suffering debilitating symptoms of full blown AIDS.  Unfortunately, my client’s date last insured for Title II disability had run some five years previously and the medical and other evidence clearly indicated that this gentleman did not meet the requirements of disability at that time.   Social Security hearings provide for direct questioning by a judge to the claimant and that day Judge Feldman spent about 20 minutes talking to my client, patiently explaining to him why he did not qualify for Title II disability, and offering suggestions about community resources that might be avialable to him.  At one point the claimant needed a recess to go to the bathroom.   Judge Feldman could have ended the hearing right then and there as he had enough information to render a decision but instead he waited for the claimant to return to continue the hearing.

I remember thinking then, as I reflect now, how compassionate that gesture was.   The judge sensed (correctly) that my client had only months to live and that he deserved the dignity of being heard.   My client, emaciated, with skin lesions and a hacking cough, most likely did not get the time of day from most people.  But here was a federal administrative law judge, struggling with a busy schedule, who took a few minutes extra out of his day to look my client in the eye – human to human – and express empathy and listen to him.  This was the man that was Albert Feldman.

Another defining trait that characterized Judge Feldman was his respect for and kind treatment of attorneys.  I have been before a lot of judges over the past 20+ years and by far the most effective and respected judges on the bench are those who treat lawyers with respect and consideration and are able to avoid the intoxication of judicial power.   I recall that when I first started handling Social Security cases I did not have a clear picture in my mind about how to present my case or what I was trying to prove.   I was also not very good at selecting winning cases and many of the claimants I represented in the early days did not have very strong claims.  As is typical of less experienced lawyers, I tried to compensate for my lack of experience with preparation – I would basically memorize the entire file.

In those early days, I was fortunate to appear many times before Judge Feldman.  One day, after perhaps my fourth or fifth appearance before Judge Feldman, he asked me to stay behind following my hearing.  I wasn’t sure if I was going to get a lecture or a suggestion to find another area of practice.  Instead, Judge Feldman offered words of encouragement and advice.  He explained that he saw that I was always prepared and that I was very thorough in my presentation and direct examination of the claimant.  However, he felt that I was, perhaps, missing the “big picture” of a Social Security case.  “Social Security disability,” he explained, “is not about a claimant’s medical problems.  Instead we have to consider how those medical problems prevent your client from working full time.”   He continued: “if you can get your client’s doctor to complete a functional capacity form that identifies serious work limitations, I will have no choice but to approve your client’s case.”

I can’t begin to tell you how important this advice turned to be in my career as a Social Security lawyer.  For me, at least, I began to understand how to approach Social Security cases.  Whether I would have come to the realization that my focus at a hearing should be less about medical issues and more about work limitations without the shortcut hint from Judge Feldman, I don’t know.  But because he took an interest in me, and ultimately in the welfare of my clients, I was able to get my approach on the right track.

Judge Feldman also made the time and effort to make me feel comfortable in his courtroom – a courtesy that he extended to all of the lawyers who regularly appeared before him.  He would greet me by name, ask about my family and about my practice and he always made me feel that I was a necessary part of the disability adjudication process.   Yet once the hearing started, he was all business – judging each case on its merits.  When I was a lawyer new to the Social Security process, such encouragement was a great help to my self confidence and it helped boost my clients’ confidence in me.   This type of demeanor is certainly not required or even expected from a busy judge but it was gratefully accepted and will always be remembered.

I have been asked by friends, relatives and even clients why I spend so much time with my blogs and web sites.  Why do I teach about Social Security at CLE seminars or at Solo Practice University?  Part of it, I think, traces back to Judge Feldman.  He spent a few minutes of his life offering guidance to me that helped make me a better lawyer – don’t I have an obligation to add to and pass this knowledge on?  I suspect that I am not the only lawyer whose life and career he touched so profoundly.

Judge Feldman retired in 2003 and other than a couple of sightings when he came to visit his colleagues at the hearing office I had not seen him since that time.  Several times I found myself wondering how he was and should I track him down and take him to lunch – but I never did, which I regret.  Now he is gone.  But he leaves behind his good name, a record of compassionate and thoughtful judging, and a positive influence on many lawyers and judicial colleagues.

Judge Albert Feldman – a true “mensch” in every sense of the word.