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Dec 21, 2010

Pre-Effectuation Reviews Of ALJ Decisions

From Emergency Message EM-10090:
This message provides case processing information to Field Offices and Processing Centers on cases selected for review by the ODAR [Office of Disability Adjudication and Review] Appeals Council (AC) Quality Review Branch (QRB). ODAR AC/QRB is instituting a pre-effectuation review of ALJ [Administrative Law Judge] favorable and partially favorable decisions. They have already pulled approximately 50 cases for their initial review. The AC/QRB expects to sample approximately 3500 cases per year, equally divided among all regions, when at full capacity.
It is only fair to note that this will be a review of less than 1% of ALJ favorable and partially favorable decisions.

3 comments:

  1. Won't a pre=effectuation review defacto further delay the payment of the disability benefit that is taking on average over a year to resolve a decision. This seems to cook the books by allowing a decision to be delivered and then reconsidered while it is off the SSA backlog. "We decided that case, we are just not paying it due to Pre-Effectuation review".

    In effect after opening the National Hearing Centers and the National Case Assistance Center, using telehearings to reduce the backlog. SSA is now adding back time till benefits are paid post decision. Initially only 1 % to be reviewed but that can be upped at any time.

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  2. If this qrb is reviewing odar/ac decisions then it appears to be doing the right thing.

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  3. Is it common for a claimant who was issued a favorable decision 45 days ago, to not be notified of review? It's been nearly 3 years since filing to decision. Now more time has passed.

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