Posts Tagged ‘SSDI’

End of ODAR’s Secret ALJ Policy

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According to a communication issued this afternoon by the National Organization of Social Security Claimants’ Representatives , Social Security Disability claimants and their advocates will once again have access to the name of the Administrative Law Judge assigned to each hearing beginning on April 20, 2013.  This development reverses a recent switch that occurred in mid-2012.

According to the NOSSCR communication, the change was brought about by strong Congressional interest in part thanks to NOSSCR members bringing the issue to the attention of the Congressional delegation.  Additionally, Social Security has been flooded with thousands of requests for ALJ names under the Freedom of Information Act (FOIA) and due to the fact that all of these requests had to be processed and responded to, this created yet another backlog to be dealt with, drawing resources from more important tasks.

The change reinstitutes the old process where the agency discloses the name of the ALJ assigned to a hearing when it sends the Notice of Hearing to the claimant and the claimant’s representative.  This allows the representative to better prepare for the hearing based on the ALJ’s unique needs and preferences and also helps to better prepare the claimant for the hearing in terms of what to expect.

In addition to disclosing the name of the ALJ on the Notice of Hearing, SSA will also add the ALJ’s name to the Appointed Representative Services online application, allowing claimant’s representatives, such as The Advocator Group, to easily access this information online.

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Posted on April 1, 2013 by Tim Carney

Congress Continues to Consider the SSDI Program

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March has been a month of intense scrutiny and analysis of the Social Security Disability program.  Continuing that theme, another Congressional hearing was held last week to “examine policies that have expanded the role of subjective evaluations in determining whether applicants qualify for benefits and how these policies may result in unexplained variations in decision-making, weakening public confidence in the consistency and fairness of this national program.  (more…)

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Posted on March 28, 2013 by Tim Carney

SSDI is not a “welfare” program

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As you are likely aware if you have found your way to our blog, The Advocator Group is a Social Security and Medicare advocacy organization.  Our core mission is to help preserve or improve the financial well being of our clients by helping them obtain Social Security Disability Insurance benefits as quickly as possible.  Ultimately, this allows our clients to refocus their time and energy on getting better, rather than on the complex and frustrating SSDI application and appeals process.

While we typically demonstrate our advocacy by providing professional representation in the rigorous process associated with obtaining SSDI benefits, we wanted to take a moment to advocate for our clients, and all severely disabled workers, in a different, but equally important way. 

This week, NPR’s Planet Money published a story entitled “Unfit for Work – The startling rise of disability in America.”  Since it was released, the story has created quite a buzz on the web and within the disability industry.  While the story sheds light on important issues related to the growth of the SSDI program and the individuals who rely on its benefits, it also ignores important details about how the program works and relies on over-generalizations about its beneficiaries to reach its ultimate conclusion.  As a result, a typical reader with little knowledge of the Social Security Disability program could easily walk away with an inaccurate view of the program and an undeservingly negative perception of the hard working Americans who rely on it for monthly income and financial security. 

The SSDI program is an “insurance” program, not a “welfare” program.  It is an insurance program that we each pay taxes into throughout our working lives in order to ensure that if we become disabled and unable to work, we will have access to a vital safety net that will provide us with a minimal amount of financial security.  And the financial benefits really are minimal for the majority of beneficiaries – on average, an individual’s monthly SSDI benefit is only equal to about half of what they were earning while gainfully employed.  (more…)

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Posted on March 26, 2013 by Tim Carney

Nearing Relief For Queens, NY SSDI Claimants

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US District CourtA proposed settlement in the class action lawsuit against the Social Security Administration alleging “general bias” against SSDI claimants in the Queens ODAR has been preliminarily approved by the U.S. District Court.  After swiftly denying a motion to intervene that threatened to delay relief to affected individuals, the Court filed its preliminary approval last week on February 8, 2013. 

According to the proposed order filed by the Court, the settlement will now go to a Fairness Hearing, “to determine whether the Settlement is fair, reasonable and adequate and in the best interest of the Class…”  At this point, there is no indication as to when the Fairness Hearing will take place.

Final approval of the settlement will bring resolution to a lawsuit filed almost two years ago and will provide an opportunity for some SSDI claimants to present their cases for disability benefits in new hearings with different judges.  (more…)

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Posted on February 12, 2013 by Tim Carney

13 For ’13 (A list of things we think will happen next year)

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From increasing backlogs to new hearing scheduling processes to anticipating the impact of the presidential election, 2012 brought its fair share of challenges and uncertainties for those who deal regularly with the Social Security Administration.  Additionally, heightened scrutiny on the viability of the Social Security Disability Insurance program and one-sided criticism of those who adjudicate disability claims created a tumultuous environment for everyone involved in the process, including claimants, representatives, Social Security employees, and even organizations such as employers and long-term disability carriers who refer individuals for SSDI application and assistance. 

 While the end of the year is often a time for reflection on the successes and challenges of the last twelve months, it is also a time to look ahead to the new year and consider the challenges that are likely to come our way.  With that in mind, we hope you enjoy today’s post:  13 For ’13.

1.  Reduced hours at SSA will likely result in poorer customer service and longer waiting times:  After announcing plans to reduce its workforce by 9,000 back in August, the Social Security Administration announced in November that it would reduce field office hours beginning immediately.  Starting in November, all 1,233 offices began closing to the public 30 minutes earlier than normal and as of January 2, 2013, the offices will close to the public at noon on Wednesdays.  While the majority of Advocator clients never have to visit a Social Security field office in order to apply for and be approved for benefits, this change will impact our ability to conduct status checks and other critical business with Social Security.

(more…)

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Posted on December 11, 2012 by Tim Carney

Work Incentive Seminar Events

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While getting approved for Social Security Disability benefits requires proving that you cannot engage in Substantial Gainful Activity, Social Security’s Ticket to Work program is available to offer support to those who have been approved for SSDI benefits in their efforts to enter, re-enter, and/or maintain employment.  Under this program, beneficiaries can get the help they need to safely explore work options without immediately losing benefits. 

Unfortunately, most SSDI recipients are relatively uninformed about the Ticket to Work program and how it works, leading to potential missed opportunities for disabled individuals who return to the workforce.  To increase awareness, the agency holds online Work Incentive Seminar Events (WISE), where interested SSDI recipients can learn about the Ticket to Work program and other available work incentives.  As indicated on the website, WISE webinars are hosted on the fourth Wednesday of each month.  You can also register on the website.

Past webinars are archived so you can listen to them at your convenience.

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Posted on October 31, 2012 by Tim Carney

Social Security Ruling 12-1p

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After a Congressional bill becomes a law, Federal agencies like Social Security are responsible for putting those laws into action through implementation of Federal regulations.  Typically, this occurs through a process where the agency publishes a proposed regulation and gives the public an opportunity to comment on the proposed regulations prior to adopting it as a Final Rule.

In the September 21, 2012 Federal Register, Social Security gave notice of a new regulation for evaluating whether work performed by self-employed persons who are blind is substantial gainful activity (SGA) under the SSDI program.  Additionally, the ruling clarifies that Social Security does not count certain types of earnings when the agency determines whether blind persons are engaging in SGA. 

Full text of the proposed regulation can be found here.

 

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Posted on October 15, 2012 by Tim Carney

Tight Budget Equals Reduced Hours at SSA

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After announcing plans to reduce its workforce by 9,000 employees just a couple months ago, the Social Security Administration has now publicized an additional plan to reduce field office hours as of November 19, 2012.  Starting then, all 1,233 offices will close to the public 30 minutes earlier than they currently do.  Additionally, as of January 2, 2013, the offices will close to the public at noon on Wednesdays.

According to an October 3, 2012 article in the Federal Times, “[t]he changes are aimed at cutting overtime use by allowing field office staff to complete interviews and claims work within regular hours,” however the result is that the public will have less opportunity for face-to-face contact with agency employees.  Essentially, the changes put a fine point on SSA leadership’s recent push to transition from face-to-face interactions between the agency and the public to more reliance on the internet and telephone services.   

While these changes come as no surprise given last week’s Presidential stop-gap spending bill, they represent yet another blow to SSA employees whose base pay has already been frozen for the last two years.  However, the changes also create an additional roadblock for the public.  As it is, SSA employees face the overwhelming challenge of attempting to adjudicate a growing number of claims while also conducting initial interviews and completing intake of new claims.  The shortened hours undoubtedly result in a rising flood of visitors during open hours, leading to additional challenges in processing claims work and ultimately leading to further delays for individuals who are applying for disability benefits. 

While the majority of our clients never have to visit a Social Security field office in order to apply for and be approved for SSDI benefits, it could ultimately result in increased delays in field office processing times.  We are always monitoring turnaround times and processing times and will continue to do so in light of these changes taking place in November.

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Posted on October 5, 2012 by Tim Carney

Mandated Electronic Appeals

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On the technology front, the Social Security Administration is making efforts to streamline its methods for processing the increasing volume of appeal requests resulting from denials at the Initial Application and Reconsideration levels of the process. A recent Social Security regulation, effective March 16, 2012, requires appointed representatives to file appeals, including Reconsideration requests and Requests for Hearing, online using Social Security’s electronic systems. This is the first service required under a prior regulation published on September 12, 2011 (76 FR 56107), Requiring Use of Electronic Services. According to the regulation, “[a] representative has an affirmative duty to comply with this requirement” and the agency “may investigate to determine if a representative purposefully violated this duty or is attempting to circumvent” the rules. While there are certainly a number of limitations in SSA’s online systems, The Advocator Group has incorporated this change into its current workflow and is prepared to comply with the regulation immediately.

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Posted on March 20, 2012 by Tim Carney

Social Security Zeroes in on Backlogs

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In a message to all Social Security Administration (SSA) and Disability Determination Services (DDS) employees dated Wednesday, February 8, 2012, the agency’s commissioner announced a renewed emphasis and focus on reducing the long standing backlogs of Social Security Disability Insurance (SSDI) claimants awaiting administrative hearings. According to the message, a lower level of funding, combined with “substantially more people filing hearing requests,” requires the agency to shift resources. Specifically, the commissioner has “asked some employees who have been helping the State agencies to redirect their support to hearing offices.”

 In addition to decreased funding and increased levels of hearing requests, Social Security has experienced an extraordinary decrease in staffing over the past several years. In fact, it saw a “net loss of over 4,000 Federal and State employees in FY 2011″ and anticipates a net loss of over 3,000 employees in FY 2012. While initial applications and appeal filings continue to rise as the Baby Boomers age into their disability prone years, SSA now has the same number of employees that it had in 2007.

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Posted on February 10, 2012 by Tim Carney