Joyeux Noelle

Dear Friends, I know it's been a long time, but my writing time has been focused elsewhere recently. Even though I promised to stay away from posting Social Security stories, this one just needs to be told.

These days a digital recording is made of all Social Security hearings. An index of the recording is simultaneously typed in real time by a “verbatim hearing recorder.” It its unending drive to proliferate silly acronyms, the government insists on calling these folks VHRs. The hearing recorders are essential since they create a usable record of the testimony. They also serve as the judge's clerk, checking the waiting room and managing the flow of people in and out of the courtroom.

Social Security assigns recorders from a list of independent contractors, and carefully rotates assignments from the list. Recorders bear their own expenses and are paid by the hearing. The recorders are usually geographically situated near the various hearing points. I try to make the recorder's job as pleasant as possible. This means, among other things, helping them deal with nervous claimants and protecting them from demanding lawyers. Over time, the judges get to know all the recorders fairly well. We learn their particular quirks as well as their strengths and weaknesses.

I started working with a very young recorder named Noelle about a year and a half ago. One of the first times she worked for me I was holding hearings in Utica, NY. Part way through the day she returned to the courtroom obviously upset after delivering a computer disc containing the evidence file to an experienced attorney in the waiting room. She plopped down in her chair, and made a disgusted face.

“I just don't get it. Mr. K has seen me here dozens of times now but he still doesn't remember my name. He always calls me “Nicole.” People have done that to me, like, for always, but I'm sick of it. I told him a couple of times that I don't like it, but he keeps doing it anyway. I said, “look it's easy to remember, it's Noelle, like in Christmas,” but he still does it. He seems to think it's funny, but I don't. I think he should care enough to remember my proper name.”

I told her I agreed with her and we went on with business.

As it happened that day Mr. K had a number of hearings before me. Noelle told me at the end of the day he still had not mended his ways. After his last hearing I asked him to stay behind in the courtroom after his client stepped out.

“Mr. K,” I said with a smile but in a stern voice, “Noelle tells me you insist on calling her Nicole, even after she asked you not to. You may think this doesn't matter, but it does. It hurts her. From now on I expect you to show her the respect she deserves and call her by her proper name.”

I could tell he did not know how serious I was. He wisely decided it would be a good idea to apologize profusely and promise not to do it again. I gently warned him that there would be dire consequences if he slipped up again.

Surprisingly, this warning worked. From that day on he faithfully remembered Noelle's name...until this last Thursday.

It was the first hearing of the day. Noelle took the updated evidence CD out to Mr. K. When she returned a few seconds later she closed the door and stamped her foot. She was indignant. She reminded me that I made Mr. K promise not to call her Nicole any more, but he just did it again. I told her I remembered. I assured her I would take care of it. I wasn't quite sure what I would do, but this time I wanted my warning to be public. Maybe that would focus his attention. All the regular practitioners know I usually start recording the hearing as soon as they sit down. This time I told Noelle not to start recording until I gave her the sign.

Once Mr. K and his client were settled at the table I took a deep breath.

“Mr. K, I'm very disappointed about your behavior today.”

His head snapped up. Real alarm showed in his expression.

“I'm sorry judge, what did I do?”

“I warned you about this sort of behavior previously, Mr. K, but you seem to have forgotten my instructions. I must insist you mend your ways, or I will be forced to take even stronger measures.”

“But judge, I'm … I don't understand.”

“You called Noelle “Nicole” after promising me right in this court that you never would do that again.”

Relief swept across his face. His client was chuckling. He muttered something about the failures of an old man's memory. Noelle was beaming.

“Now promise me, again.”

He raised his right hand and promised.

“OK, I'll let it slide this time, just don't let it happen again. Let's go on the record.”

The hearing began. Everyone was in a better mood.