tag:blogger.com,1999:blog-19246708.post4547975423874744142..comments2024-03-28T19:48:01.698-04:00Comments on Social Security News: My Assessment Of Astrue's Term As CommissionerUnknownnoreply@blogger.comBlogger10125tag:blogger.com,1999:blog-19246708.post-50917672689268594212013-02-27T10:15:06.932-05:002013-02-27T10:15:06.932-05:00@ 9:06...in my experience, if it was "close&q...@ 9:06...in my experience, if it was "close" case, many ALJ's simply award a FF decision after AC remand to avoid having to write/decide a "tough" decision. Others, where it was a technical mistake typically get denied at the rates you mentioned.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-42100561525094336002013-02-27T09:06:07.582-05:002013-02-27T09:06:07.582-05:00By the time a claim has made it to AC in most stat...By the time a claim has made it to AC in most states (prototype states not included) it has been reviewed by DDS at least twice, a senior atty and then an ALJ, all who agreed the Claimant did not meet listing level. AC very rarely finds the mistake so glaring as to issue a favorable decision. Mostly it is a technical issue, the supplemental Hearing returned to the judge hits the points covered by the AC remand and the Hearing is over in 15, minutes or less. Nothing gained. I am unclear on a stat for how many AC Remands result in Fully Favorable Decisions or even an Amended Onset Offer, but my gut instinct would tell me less than 20%.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-9898042406973353842013-02-26T20:12:20.893-05:002013-02-26T20:12:20.893-05:00The quality of ALJ decisions is deteriorating. Th...The quality of ALJ decisions is deteriorating. They don't adjudicate the full period up to the DLI, they don't adjudicate concurrent claims when one claim has been escalated after the first hearing request, they don't make their own past relevant work determinations but leave it to VEs with inadequate info, they accept inane testimony from VEs, etc, etc. A denial by an ALJ does not equate to the claimant not being disabled. And, AC is not a failsafe remedy -- they can deny review even when ALJ errors are glaring. The people filing these disability claims are hurting, often literally and figeratively, and they are not filing for disabilty in order to engage in some sort of intellectual exercise. They should not have to give up their right to appeal, simply to be able to file again and possibly get some relief based on a later onset date.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-86937336881293953512013-02-26T12:18:19.102-05:002013-02-26T12:18:19.102-05:00Thank you for the balanced review, Charles. Thank you for the balanced review, Charles. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-26719104269909532492013-02-26T09:44:49.065-05:002013-02-26T09:44:49.065-05:00Forgive me--Goldberg was welfare. Mathews tells u...Forgive me--Goldberg was welfare. Mathews tells us that even a termination of SS benefits does not require a pre-termination hearing. So then, the reps are even more absurd...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-58087527505087207932013-02-26T09:42:52.343-05:002013-02-26T09:42:52.343-05:00What's funny about reps and due process concer...What's funny about reps and due process concerns is that, at least from my vague memory of Admin Law, the only people entitled to a hearing from SSA are those whose benefits are to be cut (Goldberg). Applicants for benefits aren't constitutionally entitled a hearing of any kind to receive benefits, yet every time SSA tries to change something about the (unbelievably friendly, easy, and SSA-does-all-the-work process) benefits application/pursuit process, these clowns scream "Due Process!!!!" Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-67836671548343908082013-02-25T14:55:01.684-05:002013-02-25T14:55:01.684-05:00I thought the panel for OIS was started in 2008 wi...I thought the panel for OIS was started in 2008 with a charter to expire in 06/2012? It was my understanding that everything fell apart when SSA could not get anything done with the panel because no one on it would agree to anything. The rep lobby, the providers, disability groups all wanted to put way more into the OIS than SVP, Physical Demands or Enviornmental Conditions. Now there is no money for the project and we are still using the 70's DOT. When NADR and NOSCAR hired lobbyists and publisist it was all over. SSA had no choice but to try and salvage something an move ahead without the input of groups that would not compromise. To me that is a point to Astrue, taking charge and making an unpopular decision to benefit the agency and all those involved with the disability process.<br /><br />Disability by behavioral health conditions becoming harder is also a reflection of the psych community changing over the last several years. Sorry, but not everyone is disabled if they take Zoloft. Psych issues are over diagnoised to the point where the DSM is changing dramatically to reduce the range of conditions for Bipolar, Autism and other spectrum disorders to provide a more clear cut approach to handling these conditions without having everyone suffering from a mental impairment. I do not think the stats would hold up to this being as bad at the Regan years, the number of claims approved with a psych or behavior health condition apprear to be up overall, like back claims.<br /><br />Hostile to the union, well good for him! The AFGE should not exists, federal employees do not need a union. Be more hostile or active ignore the AFGE till it goes away. They are over paid, over compensated with cheap benefits, days off and an outrageous sick time program not available in any private sector position. AFGE is to blame for its own situation.<br /><br />11-02p was a great way to reduce the number of useless filings. If you just lost at and AC is pending, you are not disabled. If you want to be disabled now, quit the AC claim and loose the past due benefits. If you are that desperate and that ill, take what you can and not be greedy. Point again to Astrue.<br /><br />Picking on the NCC is silly, everyone needs to update, lets face it, the Agency does not have a great reputation with technology, MISSICS and MCS are still COBAL. The system is huge, accessed by more and more different programs for different purposes. They need to update the hardware. <br /><br />Looking forward to the new, we will see, it will likely be another 30 years before SSA, if it is still around in a recognizable form, has a Commissioner stay the entire 6 year appointment. Expect more confusion, lack of direction and half baked errors we see when temps are in charge fo 6 to 18 months at a time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-70308268254445275722013-02-25T13:17:30.060-05:002013-02-25T13:17:30.060-05:00@ 12:07
the problem with SSA disability practice ...@ 12:07<br /><br />the problem with SSA disability practice is that it has NO relation to legal practice in any other area.<br /><br />SSA is non-adversarial with no rules regarding ethics and no rules regarding evidence. Lawyers can ask leading questions, withhold evidence and basically rely entirely on unsupported testimony to bring a claim. Furthermore, they don't have to write a brief or motions and can rely on SSA to obtain most evidence. every time SSA tries to make a change that is sensible or bring the process even close to an actual legal proceeding, NOSCAR and reps in general flip out and claim that claimants are being denied due process. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-87557765179356067502013-02-25T12:07:24.223-05:002013-02-25T12:07:24.223-05:00As an attorney, I am baffled by reps who are angry...As an attorney, I am baffled by reps who are angry about 11-02p. <br /><br /><br />If you have a pending claim, why in the world should you be able file another claim for the same issues/time? Please point me to any other area of law where you can file multiple, identical claims in the same forum.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-87639245241339694462013-02-25T10:28:11.938-05:002013-02-25T10:28:11.938-05:00Astrue is gone to write poetry and follow his belo...Astrue is gone to write poetry and follow his beloved Patriots. This blog needs to move on and start focusing on Caroln Colvin for the time being until a permanent replacement is announced.Anonymousnoreply@blogger.com