– I think political view is closely related to the judges’ vote pattern in such cases. I am thinking not necessarily politically color, but rather the person’s values. A conservative person might think that it is up to the individual to fend for themselves, while a person with a more socialist mindset will argue that society must take more responsibility, says lawyer Karsten Egeland.
He worked as social security law judge until 2000 and is the stricter judges in the period Aftenposten analyzed. Egeland gave upheld 13 percent of the 220 cases he managed between 1998 and 2000.
– I judged based on my own convictions about what was right and think this was good and right judgments, says Egeland.
Today he lawyer and an annual number of cases in Trygderetten.
– Make it that you were a strict judge that you have less sympathy with clients?
– No, there is absolutely no correlation there. It is an advantage for the clients that I have judicial experience, says Egeland.
Read also: Large differences between strict and liberal judges in Trygderetten
Liberal vision
Former Director of Insurance Court, Ole-Erik Øie, belongs to the most liberal group of judges.
– I have a Social Security politically liberal values, and it may have influenced my reviews in individual cases, says Øie.
In the period from 1998 to 2001 won complainant forth in 35 percent of his cases.
– There are good reasons to believe that attitudes can play a pretty big role, especially in disability cases where there is much discretion.
To get a disability pension, it must be documented that a permanently impaired earning capacity due to illness.
– In cases where legal requirements to “permanently impaired work” was fulfilled, I have set less stringent requirements for what should be counted as “disease” by the regulations. It can give some explanation to my numbers, says Øie.
He has written legal doctoral dissertation on Trygderetten practice until 1994.
– Also at this time there were statistically significant differences between referees’ decisions. I realize that people can bounce over this, but so it can easily be in cases with much discretion.
Øie emphasizes that it is important to have good mechanisms so that the judges can learn from each other and coordinate their practice.
– Is it “faking”?
Both Egeland and Øie notes that Trygderetten get many of the most complicated cases of Nav system.
– The cases often a diffuse disease picture with complex relationships. A judge must often ask: “Is it now so certain that he can not work?”. “Is it” faking “or is it real?”. Here, different values and attitudes record, says Egeland.
Most of the judges Aftenposten spoke to know how they stack up against the others, but some are surprised. One says he early in his career was too liberal and since tried to adjust. Another says she would have been more liberal today than she was when she worked as a Social Security judge.
– Not typical for Trygderetten
Egeland colleague Anne-Therese Zahl garden is also former judge Trygderetten. Her share pursuant located approximately at the incision.
– That there are individual differences, is difficult to avoid in such cases. I do not think it is typical of Insurance Court. It’ll probably look in many courts, she said.
None of the former judges think it is a good idea with a more rigid regulations.
– As a lawyer, I am well pleased with Trygderetten. On a site like Social Security, is discretion have to play a role. One and the same diagnosis can turn out very different, and it will get many unfortunate consequences if one diagnosis automatically qualify for disability benefits, while another does not, says Hagen.
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