[Question Concerning Administrative Law Judge's Entitlement to Benefits]

B-217874: Oct 7, 1985

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A Social Security Administration (SSA) administrative law judge appealed the Claims Group's denial of his claim for overtime compensation and requested a decision on alleged improprieties in SSA grievance procedures. In considering the judge's appeal for overtime compensation for excess work due to hearing and transportation delays, GAO found no: (1) evidence that the judge had requested or obtained approval for overtime compensation; and (2) administrative reason for the delay. The judge also claimed overtime compensation because he took a shorter lunch period than his colleagues and asked GAO to have SSA formally establish a specific lunch period. Work schedules are matters for agency determination and not for GAO consideration. Since the employee did not claim that he worked in excess of 8 hours on any day, he was not entitled to overtime compensation. Finally, the judge criticized the grievance procedures SSA used in denying him compensation for unauthorized leave; however, GAO does not consider claims that are based on alleged violations of an agency's grievance procedures. Accordingly, the Claims Group settlement was sustained, the claim for additional overtime compensation was denied, and the other matters were not considered.

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