Yesterday a legal assistant at my firm made this note in our database "Faxed ______ DO [District Office] re: clt being paid. TC _______ DO. On hold 25 min; they just are not answering their phone." The Legal Assistant was trying to contact that DO regarding a client whose Supplemental Security Income claim was approved by an Administrative Law Judge on October 26. So far the client has received no money. If you're familiar with the way these things are supposed to work, this shouldn't be happening. The benefits should have been paid at least a couple of weeks ago. The client is upset. We're trying to get the District Office moving but we can't get them on the phone and they don't respond to faxes. Why is this happening? It's simple. Lack of an adequate staff at that District Office. People who work at Social Security field offices aren't perfect but they typically like to help people. They get frustrated when the best they can do is to give lousy service.
If you aren't involved directly with Social Security field offices, the whole subject of Social Security's operating budget must seem so abstract. A hiring freeze and no overtime at Social Security -- what's the big deal? No one's getting fired. It's a big deal to this lady. She's been approved. She can't get paid. Will her benefits get implemented before Christmas? I wouldn't bet on it. By the way, she's on home oxygen. How many more Christmases will she see?
Been there, done that. I find it easier, actually, to go to the office, take a number, and wait to talk to someone face to face. Not everyone can do that, though.
ReplyDeleteALJ decision 10/26 - the field office goal is to have them paid within 60 days. Yes, we wok to get that done faster, but sometimes there are reasons for delays and that is why the goal is 60 days.
ReplyDeleteHas your client actually submitted all the necessary financial paperwork so that benefits can be properly computed? When was this paperwork submitted?
ReplyDeleteSince your office is in NC, is this a NC DO that might have been affected by Hurricane Sandy, thereby slowing things down and causing the staff to fall further behind?
The delay in payment might be a result of an overburdened staff, but it could also be the result of a claimant/beneficiary being slow to provide (or failing to yet provide) necessary information.
It will just get worse the closer we get to the holidays. That's when people take off for extended periods to use their "use-or-lose" leave balances. December is a lost month for SSA.
ReplyDeleteThis is the norm in our office as we are six bodies down. She will be lucky to be paid by Feb.
ReplyDeleteHere's a radical idea. Since you are her attorney, and have a fiduciary duty to act in her best interest, why don't you just give her an advance on her payment. You know she's been approved. Instead of pointing fingers, just make it happen.
ReplyDeleteAnon at 1:49pm...
ReplyDeleteYou sound like an SSA employee. This is a great idea in a perfect world but the likelihood of recouping the full amount from the claimant once they finally get their check unfortunately is not great. And if reps were going to do that for one of their clients, then why shouldn't they do it for all of them? For those who practice solely in SSD law, that's a lot of money to be putting out there with no guarantee of getting it back. Geez, talk about pointing fingers!
If i don't have time to answer the phone, you can bet i'm not responding to a fax.
ReplyDeleteIn North Carolina, it is a violation of the ethical rules for a lawyer to lend a client money.
ReplyDeleteHave the client contact their Congressman or Congresswoman. It will immediately be brought to the attention of the DM and likely, everything possible to get the client paid, will be made. It may not be fair, but in most cases, it works.
ReplyDeleteCongressional inquiries, at least during my time in an FO (retired a couple of years ago) were so numerous that they were treated pretty much the same as any other "priority" workload, though as DM I reviewed all responses to those offices. Depending on the office and staffing, Congressional input isn't necessarilyy a miracle cure for delayed cases, sadly.
ReplyDeleteGet used to it, federal EEs are paid to show up, not to be productive. After two or more decades of hiring for reasons other than getting the best and the brightest, we now have that group as the executives, managers and supervisors who hired and lead a staff that cannot do half the job SSA employees did 20 years ago. Computers do most of the work to insure appropriate questions are asked and answered and benefits are correctly calculated. Phones will be answered when they figure out how to provide an automated system where actions are taken when the caller keys in a response from a list of options. It is a bright future when you reap what you sow.
ReplyDeleteSSI huh? Figures.
ReplyDeleteThe delays are awful for people trying to get benefits just to pay their everyday bills. Unfortunately, there are a lot of people that are gaming the system, and this is causing a backlog of cases that should be fast-tracked, such as people on oxygen or with life-threatening disorders. Something needs to be done.
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