Michael S. Maram

B-259251 Sep 01, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The Social Security Administration's decision to deny relocation expenses to a transferred employee was not arbitrary. It determined that the transfer was at the employee's request and primarily for the convenience or benefit of the employee. In his appeal Judge Maram contends that the determination of the SSA that his transfer was not in the interest of the government is arbitrary. The record shows that Judge Maram was assigned to the Dallas (North) Hearing Office. The Acting Chief ALJ issued a survey to determine if any ALJs were interested in relocation at their own expense. Judge Maram advised the Acting Chief ALJ that he was requesting a relocation to an SSA location in Florida primarily because of a medical condition affecting his wife which was exacerbated by the climate in Dallas. View Decision Matter of: Michael S. Maram File: B-259251 Date: September 1, 1995 The Social Security Administration's decision to deny relocation expenses to a transferred employee was not arbitrary, capricious or clearly erroneous where, on the basis of all the circumstances, it determined that the transfer was at the employee's request and primarily for the convenience or benefit of the employee. DECISION Mr. Michael S. Maram, an Administrative Law Judge (ALJ) of the Social Security Administration (SSA) appeals our Claims Group's decision denying his claim for relocation expenses. In his appeal Judge Maram contends that the determination of the SSA that his transfer was not in the interest of the government is arbitrary, capricious or clearly erroneous on the basis of all the circumstances involved. [1] For the following reasons, we affirm our Claims Group's decision, and deny the claim. The record shows that Judge Maram was assigned to the Dallas (North) Hearing Office, Dallas, Texas, in 1991. On October 22, 1991, the Acting Chief ALJ issued a survey to determine if any ALJs were interested in relocation at their own expense. By memorandum, dated November 4, 1991, Judge Maram advised the Acting Chief ALJ that he was requesting a relocation to an SSA location in Florida primarily because of a medical condition affecting his wife which was exacerbated by the climate in Dallas. His request was not granted. By memorandum to the Regional Chief ALJ, dated May 29, 1992, Judge Maram resubmitted the request and asked that it be reconsidered as a hardship case. He noted that another Regional Chief ALJ had stated that the workload of the Hearing Office in Tampa, Florida, warranted an additional ALJ, and he stated: "I am fully aware that reassignment at this time will require a substantial personal financial expenditure which further evidences the urgency of my wife's health problems." By memorandum, dated June 2, 1992, the Acting Chief ALJ stated that he could not recommend Judge Maram's reassignment to any of the Hearing Offices in Florida. He stated: "In reassigning ALJ's our primary concern is to maintain a balance between our workload and resources by considering the effect of a transfer on both the gaining and losing HOs [Hearing Offices]." However, he was also informed that his request would be kept on file in the event that ALJ's should be needed for Hearing Offices in Florida in the future. By memorandum to the Acting Commissioner of Social Security, dated November 24, 1992, the Deputy Commissioner for Programs requested approval for the reassignment of 16 ALJs, including Judge Maram. Only one ALJ (another person) was to be paid relocation expenses. The Deputy Commissioner proposed to transfer Judge Maram to the Hearing Office in Tampa, Florida, and to transfer an ALJ in Alexandria, Louisiana, to Dallas, to replace him. Both the Dallas and Tampa Hearing Offices were in need of additional ALJs to handle current and expected workloads. Approval was granted on December 11, 1992. By memorandum to the Regional Chief ALJ, dated February 9, 1993, Judge Maram requested a determination of his eligibility for relocation expenses incident to his reassignment. He stated that he was "fully prepared to accept a sizeable loss" on the sale of his Dallas residence and that he would relocate to the Tampa Hearing Office whether or not he could be reimbursed for his relocation expenses. He did not receive any reply before he moved, and he reported for duty at the Tampa Hearing Office on May 3, 1993. By memorandum, dated July 30, 1993, the Acting Chief ALJ denied the request for relocation expenses because he determined that Judge Maram's tR ANsfer was not in the interest of the government on the rationale that it was primarily for the convenience or benefit of Judge Maram and at his request.